1. Applicant's Name: a. Application Date: 28 January 2020 b. Date Received: 3 February 2020 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of her uncharacterized discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, the discharge was improper as she was not in entry-level status at the time of separation. The applicant entered BCT on 30 May 2018 and was separated 191 days later on 7 December 2018. Counsel states, if it is the Army's position that the discharge was effective when the applicant received her separation packet on 20 November 2018, which was at 174 days, then discharge was inequitable because it took place so close to 180 days, and the entry-level characterization resulted in the denial of her application for US citizenship, since non-citizen Soldiers must be on active duty or separated under honorable or under honorable conditions to qualify for naturalization based on military service. The uncharacterized characterization on the DD Form 214 was the sole reason for the denial of the applicant's naturalization application. The applicant entered the US in 2010 on a student visa and completed bachelor's and master's degree programs in 2013 and 2016, from the University of Central Missouri. The applicant studied biology and elder-care, earning a 4.0 GPA throughout her US studies. The applicant very carefully maintained her legal status in the US while attending school, but fell out of status upon contracting into the Army through the Military Accessions Vital to the National Interest (MAVNI) program in 2016. She enlisted in the Regular Component of the Army for six years in the MOS 68D, with the goal of serving as a military healthcare provider (operating room specialist). The applicant relied in good faith on the MAVNI program guidelines, which offer a path to US citizenship to non-citizen Soldiers who possess critical language and professional skills and who receive a favorable military service and national security determination following extreme vetting protocols. The applicant met all requirements for the MAVNI program and, but for her separation due to injuries sustained during BCT, she would have continued in the Army and would already be a US citizen based on her service. The applicant still hopes to serve the US through the contribution of her medical and language skills, but to do this she must have immigration status and a number of service opportunities require US citizenship (for instance, National Language Service Corps - www.nlscorps.org/). The uncharacterized discharge prevents her from naturalizing, a consequence she did not understand and which was never explained to her by her chain of command. She requests that her discharge characterization be upgraded to honorable or to general under honorable conditions to correct these inequities and in the interest of justice, and so that she may contribute fully to this country as a US citizen. In a records review conducted at Arlington, VA on 7 October 2020, and by a 4-1 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: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 7 December 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 November 2018 (2) Basis for Separation: The applicant was informed of the following reasons: On 5 November 2018, a recommendation for separation IAW AR 635-200, Chapter 5-17 was sent to the commander, due to bilateral hip pain/injury. The commander concurred with the recommendation that separation be initiated due to the lengthy recovery for the applicant's injury. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 20 November 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 November 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 May 2018 / 6 years b. Age at Enlistment / Education / GT Score: 25 / Master's Degree / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 6 months, 8 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: Physical Profile, reflects the applicant had multiple pelvic and lower extremity stress fractures during her tenure in BCT. They had attempted WTRP, but unfortunately, the recent imaging was showing very slow healing rate of grade 4 bilateral IPR stress fractures, as well as a new stress fracture at the right 2nd metatarsal per bone scan. The applicant should be removed from the WTRP unit and sent back to her or original company on preparation for 5-17 chapter recommendation. The applicant would not graduate in a timely manner and would need additional 3-6 months of healing. Please remove from all training. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Legal brief; timeline; MAVNI Briefing; personal statement; diplomas; CV; character reference letters; military records including Army enlistment contracts; MSSD; DD Form 214; Army medical records; US Citizenship Application and Denial. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-17, Condition, Not a Disability. 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests an upgrade of her uncharacterized discharge to honorable or general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant, while in training status, was evaluated by competent medical authority and determined the applicant had multiple pelvic and lower extremity stress fractures. It was determined these injuries would prevent her from completing training. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 5, paragraph 5-17, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," and the separation code is "JFV." 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. 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. The applicant contends she was not in an Entry Level Status (ELS) and should have received an honorable discharge. Army Regulation 635-200, 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. The evidence of the record reflects the applicant was notified on 20 November 2018, of the intent to separate her from the Army. At the time of the notification, the applicant had 174 days of continuous active duty service. Based on her time in service, the applicant was in an ELS status. 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 her discharge should be upgraded because she was not counseled on the impact her uncharcterized discharge would have on her application to become a US citizen. However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. Further, 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 her overall service record. The applicant contends that an upgrade of his discharge will allow her fully contribute to the country as a US citizen. However, the Board does not grant relief for the purpose of gaining or enhancing opportunities as a US citizen. 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. 10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 7 October 2020, and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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 AR20200005153 1