IN THE CASE OF: BOARD DATE: 4 March 2015 CASE NUMBER: AR20140005554 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of her uncharacterized discharge characterization to honorable. 2. The applicant states, in effect, she was discharged due to an injury she sustained while training. She states, she fell off a training tower and was severely injured. She states, she needs to be seen for her injuries. The applicant did not present any issues of equity or propriety for the Board to consider. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 1 April 1999 d. Reason/Authority/SPD/RE Code: Failure to meet Procurement Medical Fitness Standards, AR 635-200, Paragraph 5-11, JFW, RE-3 e. Unit of assignment: Company E, 2nd Battalion, 39th Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 25 February 1999/4 years g. Current Enlistment Service: 1 month, 7 days h. Total Service: 1 month, 29 days i. Time Lost: None j. Previous Discharges: DEP, 990203-990224, NA k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 93 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 25 February 1999, for a period of 4 years. She was 22 years old at the time of entry and a high school graduate. Her record is void of any significant acts of valor and achievement. She completed 1 month and 7 days of active duty service. When her discharge proceedings were initiated, she was serving in Fort Jackson, SC. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The record contains a properly constituted DD Form 214, which was authenticated by the applicant’s signature. She was discharged as a PVT/E-1. 2. The DD Form 214 indicates that on 1 April 1999, the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards, with an SPD code of JFW, an RE code of 3, and a characterization of service of uncharacterized. 3. On 30 March 1999, Orders 089-1305, DA, Headquarters, US Army Training Center and Fort Jackson, Fort Jackson, SC, discharged the applicant from the Regular Army, effective 31 March 1999. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Orders Number 089-1305, DA, Headquarters, US Army Training Center and Fort Jackson, Fort Jackson, SC, dated 30 March 1999, effective 31 March 1999. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 18 March 2014, and DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her application. REGULATORY AUTHORITY: 1. Army Regulation 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 Army Regulation 40-501, Chapter 3. 2. 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. 3. Army Regulation 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered. However, after a careful review of all the applicant’s available records for the period of enlistment under review and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army; however, the record contains a properly constituted DD Form 214, which was authenticated by the applicant’s signature. This document identifies the reason and characterization of the discharge. 3. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards with service uncharacterized. In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSB) would have revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, competent medical authority would have had to approve the findings of the EPSB. The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army. 4. 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. 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 service record contains no such unusual circumstances and her service did not warrant an honorable discharge. It appears that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. 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. 5. The applicant's contentions were carefully considered. However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown. The applicant must meet the burden of proof by providing the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing she must meet the burden of proof since the discharge packet is not available in the official record. 6. Therefore, based on the available evidence and on the presumption of government regularity, it appears the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 4 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: Yes [redacted] Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140005554 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1