1. Applicant's Name: a. Application Date: 11 April 2018 b. Date Received: 16 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, injured the hip towards the end of "SIT week," which was in the "black phase." The applicant was not able to complete training once on crutches and a profile. When the applicant was sent back to "FTU," the applicant was punched in the face and head by another Soldier. Perhaps the applicant was punched, because the Soldier wanted to be "kicked of the military." After receiving another profile and the unfortunate events, the applicant was unable to move forward in training. Therefore, the applicant should not be penalized from receiving benefits, because the applicant did the best while serving. In a records review conducted at Arlington, VA on 15 November 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: 22 March 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 February 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant cannot meet the minimum standards prescribed for successful completion of training because of lacking aptitude, ability, motivation, or self-discipline. The applicant cannot or will not adapt socially or emotionally to a military lifestyle. The applicant cannot pass the requirements to complete the Army Physical Fitness Test (APFT). The applicant has demonstrated character and behavior characteristics not compatible with satisfactory continued service. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 23 February 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 March 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2017 / 3 years, 15 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 6 months, 18 days 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: Negative counseling statements for failing an APFT on six separate occasions; being given a retest opportunity; failing to meet the minim requirements for OSUT graduation; being recommended for a restart of training; not possessing the ability to achieve 60 points for each APFT event; being recommended for assignment to the Fitness Training Unit; being recommended for an involuntary separation; lacking motivation; being unwilling to put forth the reasonable effort to complete training; and being provided ample opportunity to overcome deficiencies. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 11 April 2018, and DD Form 214. 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 general (under honorable conditions) or honorable. The applicant's available record of service, and the issues and document 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. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when his separation is initiated while he is in entry level status. The purpose of the entry-level status is to provide the Soldier a probationary period. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. 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. The evidence of record shows that the applicant's separation action was initiated on 23 February 2018, also the date he acknowledged receipt 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 provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends the discharge was unjust because of the unfortunate events of injuring his hip, being on crutches and profiles, and being assault by another Soldier, which prevented him from moving forward with his training. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. Insofar as the applicant's contentions that medical issues, a hip injury, contributed to his discharge from the Army, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with medical limitation. The applicant contends his current discharge penalizes him from receiving his benefits. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 15 November 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 AR20180008321 1