1. Applicant's Name: a. Application Date: 1 September 2018 b. Date Received: 6 September 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 effect, the applicant emotionally, mentally and physically met requirements. The applicant's character of service is based on unjust and unlawful decisions made by noncommissioned officers in charge. The current characterization of service is due to racial profiling done by higher ups. In a records review conducted at Arlington, VA on 15 January 2020, 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: 7 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 February 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Failure to adapt to the military environment due to the inability to pass the Army Physical Fitness Test and poor physical fitness, which prevents the successful completion of BCT. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 2 February 2016, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 February 2016 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 December 2015 / NIF (IADT) b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 5 months, 10 days d. Prior Service / Characterizations: USAR, 28 September 2015 - 7 March 2016 / NIF (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum For Record, dated 17 February 2016, reflects: Recommendation for Chapter 11 separation due to the applicant failing his APFT 2 scoring under 20 percent with 111 points overall and scoring two points on his 2-mile with a time of 20:03. The Soldier has shown little improvement in his APFT scores and has been counseled on needing to improve his physical fitness. Based upon her performance it is highly unlikely the Soldier will achieve a passing score by the End of Cycle APFT. The commander did not believe a new start back to day zero is warranted given his performance to this point. Developmental Counseling Forms, for failing the Army Physical Fitness Test (APFT). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None submitted with the application. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable conditions. The applicant's record of service, 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. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. A general discharge (GD) under honorable conditions 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. Further, the uncharacterized description of service accurately reflects the applicant's overall record of service. 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. The applicant contends his characterization of service was based on unjust and unlawful decisions by noncommissioned officers in charge. However, 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. The applicant contends his characterization was based on racial profiling. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance for being discriminated against in the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his performance. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. Further, the applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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 January 2020, 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 AR20180015785 1