1. Applicant's Name: a. Application Date: 5 June 2018 b. Date Received: 30 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from uncharacterized to honorable and a change to the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, feels it was not within one's control to finish the program and was not even given an option. The applicant still did a lot of training and performed service and duty obligations during the time on active and reserve duty. In a records review conducted at Arlington, VA on 13 March 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: 19 May 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 3 April 2008 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; for being AWOL (19 March 2007 until 14 March 2008). (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 4 April 2008, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 April 2008 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 February 2007 / 16 weeks / OIADT b. Age at Enlistment / Education / GT Score: 35 years / College Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 1 year, 1 month, 3 days / the record of evidence shows that the applicant's DD Form 214 is incorrect, he was not awarded 11B1P MOS. He went AWOL while in ELS status and did not complete initial entry training. d. Prior Service / Characterizations: ARNG, 21 April 2006 to 27 February 2007 / UNC (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Applicant received a negative counseling statement dated, 4 April 2008, for misconduct. i. Lost Time / Mode of Return: AWOL for 356 days, 19 March 2007 to 14 March 2008; apprehended by civilian authorities. Applicant also had 46 days of excess leave, 4 April 2008 to 19 May 2008. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant's statement; and a DD Form 214. 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. 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 the characterization of service from uncharacterized to honorable and a change to the RE code. 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 Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, a Soldier's service will be uncharacterized when her separation is initiated while the Soldier is in entry level status. 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. The applicant seeks relief contending, he feels it was not within his control to finish his program and was not even given an option; and he still did a lot of training and preformed his service and duty obligations during his time on active and reserve duty. 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. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 13 March 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 AR20180016086 1