1. Applicant’s Name: a. Application Date: 14 June 2015 b. Date Received: 9 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, her discharge was a physical disability. She contends that she is currently receiving a 60 percent disability rating for the injuries she sustained while in the military. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical condition that contributed to her uncharacterized discharge. She sustained a right shin injury. No behavioral health conditions. No supporting documentation of 60 percent disability rating for injuries sustained in the military. In a records review conducted at Arlington, VA on 7 September 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: Physical Condition, Not A Disability / AR 635-200, Chapter 5, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 13 February 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 February 2009 (2) Basis for Separation: The applicant was seen at the TMC for pain in right shin. She was making slow but steady progress and was expected to heal completely with decreased impact. The Physical Therapist at the MACH, recommended that the applicant be separated. The unit commander’s recommendation was based on the long-term treatment required for the applicant condition would not be practical while the applicant was in Basic Training. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 4 February 2009 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: NIF / Uncharacterized 4. SERVICE DETAILS: a. Date/Period of Enlistment: 14 October 2008 / 3 years and 24 weeks b. Age at Enlistment/Education/GT Score: 31 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 4 months and 27 days d. Prior Service/Characterizations: USAR, 17 September 2008 – 13 October 2008 / NA e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF; however, a Memorandum For Record, dated 6 January 2009, from the Physical Therapist (CPT M.K.) indicates the applicant who was in training and was not a candidate for PTRP due to her lack of motivation to continue training. He recommended that she receive a Chapter 5-17. Her injury was expected to heal completely with decreased impact for a period of time followed by gradual increase in activity. If she could not be kept with her unit during this time of recovery, she should likely receive the Chapter 5-17. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 14 June 2015. 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, 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant’s record of service, the documents and the issues submitted with the application were carefully reviewed. The evidence of record shows the applicant, while in training status was diagnosed by competent medical authority with a physical condition that was manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the applicant ability to effectively perform military duties was significantly impaired. For those reason she fit the criteria for Chapter 5-17, "Other Medical Conditions," for emotional control, behavioral problems and/or physical problems incompatible with military service and further attempts to train were not justified. The applicant’s service was uncharacterized because she was in entry-level status. 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 the 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 were present and her service did not warrant an honorable discharge. The applicant contends that she is currently receiving a 60 percent disability rating for the injuries she sustained while in the military. The applicant’s contentions were noted; however, the fact the applicant has been granted 60 percent disability for the injury she sustained in the military does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of her discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during her discharge processing that would have warranted her separation processing through medical channels. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 7 September 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH - Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST - Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011779 4