1. Applicant's Name: a. Application Date: 8 November 2019 b. Date Received: 12 November 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from uncharacterized to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, though an uncharacterized discharge is not intended to cause extremely negative consequences, in her case as a non-US Citizen Soldier recruited through the MA VNI (Military Accessions Vital to the National Interest) Program, it does exactly that. Her military service and uncharacterized discharge resulted in the loss of her legal status. Her uncharacterized discharge prevents her from becoming a naturalized US Citizen. She lost her legal status immediately upon shipping to basic training. The Army was aware of this problem, so their policy required MAVNI Soldiers to become naturalized US Citizens as soon as possible, preferably by the end of basic training. Because of her uncharacterized discharge, she is unable to take the oath of citizenship. With an upgrade of her discharge, she can become a US Citizen. Under these unusual circumstances, the change to a general (under honorable conditions) discharge would only be utilized to assist in obtaining US Citizenship and would not incur any additional cost to the government. She performed honorably while serving in her USAR unit and during basic training. She did not know that an uncharacterized discharge would result in her being out of status. In a personal appearance hearing conducted at Arlington, VA on 2 November 2020, and by a 3- 2 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Failed Medical / Physical Procurement Standards / AR 635-200 / Chapter 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 19 February 2019 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 21 January 2019 (2) Basis for Separation: The Entrance Physical Standards Board (EPSBD) Proceedings revealed the applicant was diagnosed with essential (primary) hypertension. It was recommended that the applicant be separated from the US Army for failure to meet medical procurement standards in accordance with AR 40-501, Chapter 2-19b. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 February 2019 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 November 2018 / NIF / IADT b. Age at Enlistment / Education / GT Score: 29 / BS Degree / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 2 years / 11 months / 3 days d. Prior Service / Characterizations: USAR, 17 March 2016 to 18 November 2018 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received a negative counseling statement for being informed of her pending Chapter 5-11 separation action for hypertension. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); contentions continuation page; timeline; awards and degree; Briefing, Military Accessions Vital to the National Interest (MA VNI), information on the MAVNI Program; https://www.army.mil/standto/archive / 2009/03/10, Information on MA VNI Program; https://www.nlscorps.org, Information on the National Language Service Corps; DD Form 214; Army Individual Training Report; N-426, before and after separation; MEPS, Report of Medical History and Report of Medical Examination (DD Form 2807-1 and DD Form 2808); Entrance Physical Standards Board (EPSBD) Proceedings; and a Flag Action. Additional documents; letter, Director, Case Management Division; two support / character statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in a document with her application, she hopes to use her degree in Public Health to help give back to this country which has provided her with an excellent education. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of AR 40-501, Chapter 3. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However, for Soldiers in entry-level status, it will be uncharacterized. 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. AR 635-200 states a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from uncharacterized to general (under honorable conditions) or honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The proceedings of the EPSBD revealed the applicant had a medical condition which was disqualifying for enlistment and existed prior to entry on active duty. These findings were approved by competent medical authority and the applicant agreed with the findings and proposed action for administrative separation from the Army. 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 that a Soldier's service will be uncharacterized when his separation is initiated while the Soldier is in entry level status (ELS). A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions. 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. The applicant's contentions were carefully considered regarding, although an uncharacterized discharge is not intended to cause extremely negative consequences, in her case as a non-US Citizen Soldier recruited through the MA VNI (Military Accessions Vital to the National Interest) Program, it does exactly that; she lost her legal status immediately upon shipping to basic training; the Army was aware of this problem, so their policy required MAVNI Soldiers to become naturalized US Citizens as soon as possible, preferably by the end of basic training; because of her uncharacterized discharge, she is unable to take the oath of citizenship; with an upgrade of her discharge, she can become a US Citizen; and under these unusual circumstances, the change to a general (under honorable conditions) discharge would only be utilized to assist in obtaining US Citizenship and would not incur any additional cost to the government. However, these contentions do not fall within the purview of the Army Discharge Review Board. The applicant further contends, she performed honorably while serving in her USAR unit and during basic training. The applicant's service accomplishments and the quality of her service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The applicant also contends, her military service and uncharacterized discharge resulted in the loss of her legal status; her uncharacterized discharge prevents her from becoming a naturalized US Citizen; and she did not know that an uncharacterized discharge would result in her being out of status. However, 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 had not been in the Army long enough for her characterization of service to be rated as honorable or otherwise. The third party statements provided with the application speak highly of the applicant. 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): 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. Counsel / Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 2 November 2020, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20190015244 4