1. Applicant's Name: a. Application Date: 16 November 2020 b. Date Received: 17 November 2020 c. Counsel: NA 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that the uncharacterized discharge she received is inequitable because of the very negative impact it has on her relative to others who received such a discharge. While this discharge is not intended to be punitive, it has negative consequences for her that are severe and extreme as it has rendered her an illegal alien, though she came to the Army with 8 years of legal presence in the US. She contends that she entered the Army under the Military Accession Vital to the National Interest (MAVNI) program. This program was designed for non-US citizens who were legally present in the US and had critically needed language skills. She was recruited for her language skills; in addition to English she speaks Hindi, Marathi, and Konkani. From the time of her arrival in the US in 2010, she carefully maintained her legal status for 8 years while attending college and graduate school. Unfortunately, while at Fort Leonard Wood she developed stress fractures of her pelvis and lower extremities during BCT and these injuries did not heal in time for her to be recycled. After 191 days of service she was separated with an uncharacterized discharge which prevents her from naturalizing and becoming an US citizen. Becoming a citizen USCIS requires an Honorable Discharge or a General (Under Honorable Conditions) be specifically listed on the DD Form 214. However, she did not know the impact this discharge would have on her legal status as her request to speak to an immigration attorney was denied. Though her service, from the date she signed her enlistment contract until 2 years and 10 months later when she was discharge was determined to be honorable by two different O-6's, both Brigade Commander (see Exhibit 8), she is unable to naturalize because of the uncharacterized discharge. The applicant contends that the change of her characterization of service to an honorable or general (under honorable conditions) discharge on her DD Form 214 would be utilized to help her obtain US citizenship and is not intended to result in any additional cost to the government. In fact, the change, which will allow her to naturalized as a US citizen, will allow her to give back to this country. She is deeply grateful to this country for the education she received and still desires to help the US in any way she can. There is an opportunity to use her language skills through the National Language Service Corps (NLSC), part of the Department of Defense, and she hopes to volunteer for that in the near future, but to do that she must be a US citizen. She would like to use here education and training in the health field (gerontology) to help her local community in the fight against coronavirus and other health conditions. She contends she wanted to serve the country that gave her so much as well as earn her US citizenship so she signed her enlistment contract in 2016 and maintained her legal status until she shipped to training in 2018. (Due to the extensive vetting Army and DoD required of MAVNI recruits, and frequent changes made to this screening requirements, she waited in the Delayed Entry Program for over two years after signing her enlistment contract in January 2016. During this time, she did PT at the recruiting station up to three times per week because she wanted to be well prepared for BCT). Evidence of record shows the applicant had a prior records review on 7 October 2020. In a telephonic personal appearance hearing conducted at Arlington, VA on 11 January 2021, and by a 5-0 vote, the Board determined the discharge is improper and too harsh based on the applicant's length of service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. (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: None (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: None 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. Counseling statement dated 7 November 2018, indicating the applicant was counseled reference recommendation for an administrative discharge due to medical evaluation (Chapter 5-17), after having been medically evaluated and identified as have a medical condition/physical impairment which prevented her from performing regular PRT and participating in scheduled training events without increase in pain and potentially raising further harm. The medical evaluation stated that the applicant had multiple pelvic and lower extremity stress fractures. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293/attachment and exhibits 1-8 (i.e., timeline, attorney legal brief, MAVNI brief from Naomi Vergugo, applicant's personal statement, diplomas, transcript, CV, reference letters, Army Enlistment Contracts, favorable MSSD, DD Form 214 for period of service under review, separation papers, development counseling form, Army Medical Records, sick call slips, medical history screenings, and post-discharge certified N-426s. 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 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 her 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 seeks relief contending that the uncharacterized discharge she received is inequitable because of the very negative impact it has on her relative to others who received such a discharge. While this discharge is not intended to be punitive, it has negative consequences for her that are severe and extreme as it has rendered her an illegal alien, though she came to the Army with 8 years of legal presence in the US. She contends that she entered the Army under the Military Accession Vital to the National Interest (MAVNI) program. This program was designed for non-US citizens who were legally present in the US and had critically needed language skills. She was recruited for her language skills; in addition to English she speaks Hindi, Marathi, and Konkani. From the time of her arrival in the US in 2010, she carefully maintained her legal status for 8 years while attending college and graduate school. The applicant's contentions were note; the evidence of record does indicate at the time of discharge the applicant had over 180 days of service. However: 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. A general (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 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's issues reference the impact of her uncharacterized discharge and how it has impacted her application to become a US citizen was noted. 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 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): Witness: 10. BOARD DETERMINATION: In a telephonic personal appearance hearing conducted at Arlington, VA on 11 January 2021, and by a 5-0 vote, the Board determined the discharge is improper and too harsh based on the applicant's length of service. Therefore, the Board voted to grant relief in the form of an upgrade of 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 AR20200009663 5