1. Applicant’s Name: a. Application Date: 11 February 2015 b. Date Received: 18 February 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of being able to receive education benefits. He contends he was injured while in basic training at Fort Jackson and due to his injuries he was unable to continue with training. He suffered injuries to his face, hand and neck coming out of the gas chamber. In a records review conducted at Arlington, VA on 11 May 2016, 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: Failed Medical / Physical / Procurement Standards / AR 635-200, paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 1 April 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: NA (2) Basis for Separation: On 10 March 2008, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of spinal stenosis. MRI revealed multifactorial moderate spinal stenosis at C5-6 with abnormal signal in the cord. Applicant had not trained since December 2007, he continued to have problems with his neck. On 20 March 2008, the applicant reviewed and concurred with the findings of the EPSBD, requested discharge without delay and did not submit any statement on his behalf. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 24 March 2008 / Uncharacterized 4. SERVICE DETAILS: a. Date/Period of Enlistment: ADT-13 November 2007 / 21 weeks b. Age at Enlistment/Education/GT Score: 33 years / NIF / 98 c. Highest Grade Achieved/MOS/Total Service: E-4 / None / 6 months and 25 days d. Prior Service/Characterizations: ARNG-7 September 2007-12 November 2007 / NA (Concurrent Service) e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293, dated 11 February 2015; statement of medical examination and duty status, dated 18 April 2008; NGB Form 22; NGB Form 22a (Correction to NGB Form 22), dated 13 November 2008; and a copy of his DD Form 214, dated 1 April 2008 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that 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. AR 635-200 states that 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, these findings were approved by a competent medical authority. The applicant agreed with these findings and the proposed action for administrative separation from the Army. The applicant was discharged as entry-level status (ELS) with the description of service as uncharacterized. A Soldier is in 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. 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 character of service to be rated as honorable or otherwise. 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. Further, a general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant’s record confirms no such unusual circumstances were present and her service did not warrant an honorable discharge. The applicant expressed a desire for an upgrade of his discharge for the purpose of being able to receive educational benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 11 May 2016, 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 SPD/RE Code to: No Change e. Restore Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150003673 1