1. Applicant's Name: a. Application Date: 6 February 2019 b. Date Received: 8 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of uncharacterized discharge to general (under honorable conditions) and a narrative reason change. The applicant seeks relief contending, in effect, currently the applicant is a National and State Certified EMT-B, a Florida Department of Law Enforcement Certified and a single father of two. The applicant states current documentation is vague and prevents the applicant from being able to utilize the full capability of licenses. The applicant has been turned down from highly probable employment candidates due to the nature of what is listed. The cause of the applicant's separation was an unpredicted diagnosis of pneumonia and the inability to participate in his final Army Physical Fitness Test (APFT). It was also stated that the applicant was "counseled" on minor infractions that were never brought to the applicant's attention while on duty, nor was the applicant asked to sign documentation acknowledging the statements therein. In a records review conducted at Arlington, VA on 27 May 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: 17 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 June 2011 (2) Basis for Separation: The applicant was informed of the following reasons: His failure to adapt to the military lifestyle. He had difficulty adapting to the daily life of a Soldier. He failed all two of the three events of the BPFT. He has not shown enough improvement to warrant consideration for FTU. The recommendation from the Drill Sergeant was that the applicant should be discharged from the U.S. Army. The commander concurred with this decision. The applicant's reasons for joining the United States Army were honorable. The applicant was reminded there were ways, other than military service, to serve his state and country. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 4 June 2011, the applicant waived his rights to consult with A JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 June 2011 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 March 2011 / 4 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Numerous Developmental Counseling Forms, for various acts of misconduct or poor performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Emergency Medical Technician Certification card; National Emergency Medical Technician Certification card; State Officer Certification Examination Results. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is a National and State Certified EMT-B, a Florida Department of Law Enforcement Certified and a single father of two. 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 general (under honorable conditions) and a narrative reason change. 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 the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 11, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct," and the separation code is "JGA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends he was never counseled on minor infractions as stated at the time of his discharge. 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. Further, the evidence of the record includes several counseling statements, wherein the applicant was counseled for various acts of misconduct or poor performance. The character of the applicant's discharge is commensurate with his overall service record. The applicant contends he was suffering from pneumonia, which affected his ability to pass the Army Physical Fitness Test (APFT). However, the service record contains no evidence of pneumonia diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 27 May 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 AR20190002020 1