1. Applicant's Name: a. Application Date: 23 April 2018 b. Date Received: 30 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, the discharge characterization was improper because the time in service was greater than 180 days. When the applicant returned from holiday block leave, the applicant was to be given an additional opportunity to retest, per the Company Commander and that if the applicant failed that test, the applicant would be given an honorable discharge. The applicant states the discharge characterization was inequitable due to a fellow service member, J. G., was given an honorable discharge, while they served together in the same company for the exact same service time. Both were sent to the Fitness Training Unit (FTU) and were being discharged on the same day for failure of their Phase 5 APFT. The applicant states the discharge characterization is unjust because the applicant was informed at the legal counseling that the discharge should be honorable due to the time in service. The applicant was told it would require a change of all the paperwork and it would be best and quicker just to process as it was prepared. During service, the only counseling the applicant received were in relation to the failed APFT, where the final run was shy a passing score of by four seconds. The applicant qualified with the weapons as a sharp shooter and completed all other training with the unit to become a Military Police Officer. The applicant behaved and carried oneself in an honorable fashion during seven months of service and was assigned various additional responsibilities by the Drill Sergeants due to maturity, trustworthiness and responsible nature. One such additional task the applicant was assigned was participating in refueling convoys for vehicles. The applicant was informed by Drill Sergeant E about being mature for the age and would make a great Soldier. The applicant believes that due to the time in service, the applicant should receive an honorable discharge. In a records review conducted at Arlington, VA on 15 January 2020, and by a 5-0 vote, the Board determined that the discharge was improper based on the circumstances surrounding the discharge. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 13-2e, the narrative reason for separation to Unsatisfactory Performance, and the separation code to JHJ. (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: 9 February 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 January 2018 (2) Basis for Separation: The applicant was informed of the following reasons: He failed to meet graduation requirements on the APFT. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 1 February 2018, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 February 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 July 2017 / 5 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-2 / 31B10, Military Police / 7 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: The applicant's service record reflects he was awarded the NDSM, however, the award is not reflected on his DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Four Army Physical Fitness Test Scorecards, reflects the applicant failed 10 record APFTs between 14 November and 18 December 2017. Numerous Developmental Counseling Forms, for failing the APFT. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; two DA forms 4856; third party statement. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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 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 (ELS). 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant contends he was not in an Entry Level Status (ELS) and should have received an honorable discharge. Army Regulation 635-200, states a separation will be described as entry- level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. The evidence of the record reflects the applicant was notified on 30 January 2018, of the intent to separate him from the Army. At the time of the notification, the applicant had 211 days of continuous active duty service. Based on his time in service, it appears the applicant was not in an ELS and should not have received an uncharacterized discharge. Further, insomuch as the applicant was not in an ELS, he should not have been separated under the provisions of AR 635-200, Chapter 11, Entry Level Performance and Conduct. The appropriate provision would have been Chapter 13, Unsatisfactory Performance. Based on these errors, the discharge was improper and an honorable discharge is warranted. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 15 January 2020, and by a 5-0 vote, the Board determined that the discharge was improper based on the circumstances surrounding the discharge. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 13-2e, the narrative reason for separation to Unsatisfactory Performance, and the separation code to JHJ. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Unsatisfactory Performance d. Change Authority to: AR 635-200, paragraph 13-2e e. Change SPD / RE Code to: JHJ / 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 AR20180009326 1