1. Applicant's Name: a. Application Date: 2 May 2019 b. Date Received: 14 May 2019 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, when enlisted the applicant was assigned to the Defense Language Institute (DLIELC). The applicant was a translator for U.S. troops for eight years from May 2003 to November 2011. When the applicant finished the mission, the applicant had to go into hiding until receipt of a visa. The applicant enlisted in the Army because the applicant did not have the power to fight Al Queada. In the Army, the applicant had the power to fight, so the applicant wanted very much to complete school. The applicant completed the ASVAB in November of 2013 and it took three years for the applicant to get into the Army. The applicant kept calling the recruiter and was waiting to get the chance, but at the time was afraid for the family's safety so the applicant agreed to Chapter 11. The applicant informed the commander and first sergeant that the parents and family were threatened by Al Queada, but they lied and told the applicant that a Chapter 11 was for family and medical issues. The applicant received a threat message on Facebook in July 2015, which the applicant provides to the Board, along with the response to the threat. The applicant believes that someone in America told them that the applicant was in the military. During the chapter briefing, the Company Commander and the acting First Sergeant told SPC AJ and the applicant a chapter 11 was not bad. They were told they would have no problem and they would be able to reenlist after six months. The applicant states, they were not treated fairly at DLIELC and were treated with so much hate and tried to accuse the applicant multiple times of things the applicant did not do. The majority of the Soldiers were from Puerto Rico, including the Commander and First Sergeant. The applicant could speak English better than many of the other Soldiers, but they were sent to basic training. The applicant was told they would not let the applicant pass anyway and Drill Sergeant F accused the applicant of using the phone of internationals, which was not true. The applicant does not know why they accused the applicant. The applicant states, at first the applicant believed they were just doing their job, but then realized it was personal and it was discrimination. The applicant is trying to get a state Correctional Officer job, but needs the narrative reason for separation changed. The applicant contacted the unit and they told the applicant about being separated because the applicant refused training, which the applicant never refused to train. The applicant had a problem with the knees, so the applicant was placed on profile for one week. After one week, the applicant went back to the doctor and placed the applicant on profile until the service was over, so the applicant questions why would one would refuse to train? The applicant has many letters of recommendation and many personal reference letters in support. In a Travel Panel hearing conducted at Fort Riley, KS on 20 November 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on severe family matters. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. The Board determined the RE code was proper and equitable and voted not to change it. (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: 31 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 August 2016 (2) Basis for Separation: The applicant was informed of the following reasons: He had demonstrated an inability to adapt to military life by refusing to train. By refusing to train he would not meet the guidelines to graduate Basic Combat Training. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 17 August 2016, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 August 2016 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 July 2016 / 3 years, 39 weeks b. Age at Enlistment / Education / GT Score: 40 / Bachelor's Degree / 74 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 1 month, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; VA Form 21-4138; Commander's Report; Facebook message; photograph of company leadership; DA Form 3349; Certificate of Achievement; five Certificates of Appreciation; Letter of Release; Letter of Appreciation; eleven Letters of Recommendation; Letter of Authorization; two Verification of employment letters; self-authored 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 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 that he was having family issues that affected his behavior and ultimately caused him to be discharged. 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 before committing the misconduct which led to the separation action under review. The applicant contends he did not refuse to train. 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 he did not refuse to train and that he had a profile for his knees; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends that he was discriminated against by members of his chain of command; 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 before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct prior to entering the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at Fort Riley, KS on 20 November 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based severe family matters. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5- 3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. The Board determined the RE code was proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / 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 AR20190006548 4