1. Applicant's Name: a. Application Date: 23 April 2018 b. Date Received: 25 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, days prior to graduating at the top of the class from basic training, the State of Maryland extradited and charged the applicant. A jury unfairly convicted the applicant of an accident that was not the applicant's fault. Although the applicant tried, while aided by a truck driver, helping the woman who ultimately lost her life, a testimony of a witness made the applicant out to being a person who did not care for the life of another person. (The applicant detailed the events and circumstances surrounding the vehicular accident, the arrest, and trial.) In a records review conducted at Arlington, VA on 14June 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Entry Level Performance and Conduct / AR 635-200, Chapter 11 / JGA / RE-3 / Uncharacterized b. Date of Discharge: 29 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 May 2015 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was arrested by Lawton Police Department on 7 May 2015. He has a warrant for his arrest for vehicular manslaughter in Maryland. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 8 May 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 May 2015 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 March 2015 / 3 years, 29 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 2 months d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Fort Sill Incident Report with Warrant, dated 7 May 2015, indicates the applicant was arrested for vehicular manslaughter that occurred on 1 August 2014. i. Lost Time / Mode of Return: 176 days (Military Confinement on 7 May 2015 to 29 October 2015) / The applicant was released upon his discharge j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 23 April 2018; DD Form 214; applicant-authored statement; 24 character reference/ supporting statements; three certificate of achievements; two National Honor Society certificates; commendation certificate; perfect attendance certificate; State Medalist certificate; Scholars certificate; certificate of participation; achievement certificate; congratulations signatures; certificate of appreciation; two Lacrosse/ two Football certificates; two certificates of congratulations; State Circuit Court documents with TCSI C.S. Analysis and MSP Measurements; Motion to Suppress Evidence and Request for Hearing documents; Memorandum in Support of Defendant's Motion to Suppress; Crash Scene Investigations Curriculum Vitae (12 pages); Amended Notice of Expert Witness; Notice of Expert Witness; Curriculum Vitae; Incident Report; Defendant's Pre-Sentence Investigative Report; Department of Public Safety Certified History Record, dated 2 July 2015; Division of Motor Vehicles Driving Record, dated 7 July 2015; Defense Motions In Limine court document; Rear Wheels data sheet; and Vehicle Post Crash Examination Summary with photographs depicting vehicle wheel/tire. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level status (ELS) with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. Chapter 11 of AR 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. An uncharacterized service description is normally granted to Soldiers separating under this chapter. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, Entry Level Performance and Conduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation under the provisions of AR 635-200, Chapter 11, for entry level performance and conduct. The uncharacterized description of service accurately reflects the applicant's overall record of service because he was in an entry level status (ELS) on the date of the initiation of his separation action. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. Further, a general (under honorable conditions) discharge is not authorized under ELS conditions and an honorable discharge is rarely ever granted. An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant's service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. The applicant contends he was a week away from graduating at the top of his class when he was arrested. In consideration of the applicant's service accomplishments and quality of his service prior to his arrest, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The third party statements provided with the application speak highly of the applicant's character and performance. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record while in an entry-level-status. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 14June 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180006454 1