1. Applicant's Name: a. Application Date: 27 April 2016 b. Date Received: 2 May 2016 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, Army Regulation 635-40, Chapter 5,states that unless otherwise indicated, a Soldier will be issued a DD Form 256 A Honorable Discharge Certificate. If the soldier is in entry level status, the DD Form 214 may describe the service as uncharacterized. In accordance with AR 635-40 and AR 40-50, she had a history of a preexisting medical condition (feet), which was made know to the Army recruiter prior to her entrance on active duty. The guidelines of these regulations are to refer Soldiers to a Medical Evaluation Board (MEB). Enlisted Soldiers identified within the first six months of active duty service that do not meet the standards of chapter 2 or chapter 3 must be evaluated by a MEB and then referred to a Physical Evaluation Board (PEB). She was not evaluated by an MEB or referred to a PEB. This condition was aggravated by her military service. She successfully completed basic training and the condition worsened during her Advanced Individual Training (AIT), to the point where she could no longer continue service. As a teenager and new recruit, she was totally unfamiliar with Army Policy and procedures. She did not receive an evaluation by a MEB or a PEB and her final examination was done by physician's assistant (PA), and not a doctor. She was examined by a PA in a facility with about I00 other trainees pending a medical examination. The evaluating PA indicated that if she wanted to expedite the release process, the quickest way to a discharge was to sign a waiver, otherwise it could take months before an evaluation was complete. Not knowing any better, she took his advice for the most expeditious route towards a discharge. Additionally, during her basic training, she was not allowed to wear her orthopedic arch supports, per her post-operative civilian medical instructions. Due to uniform requirements, this aggravated the condition and was further aggravated when she reported for AIT. She believes the cited regulations were not properly administered in regards to her discharge. She honorably served the country to the fullest extent possible, until her medical condition prevented her from continuing service. She had no disciplinary actions during her tenure in the Army. There is no reason, other than she was in entry level status, that her service be identified as uncharacterized. In a records review conducted at Arlington, VA on 26 June 2017, 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: Disability, Existed Prior to Service- Medical Board / AR 635-40, Chapter 5 / KFN / RE-3 / Uncharacterized b. Date of Discharge: 2 February 2001 c. Separation Facts: (1) Basis for Separation: NIF (2) Medical Evaluation Board Proceedings: NIF (3) Applicant's Request: NIF (4) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 September 2000 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 93 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 4 months, 21 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: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability, and provides for disposition of the Soldier according to applicable laws and regulations. Chapter 5 provides for separation of an enlisted Soldier for non-service aggravated existed prior to service (EPTS) conditions when a Soldier requests waiver of referral to a PEB. However, the case must meet the conditions, set forth follows: Soldier is eligible for referral into the disability system (see Chapter 4, Section I); the Soldier does not meet medical retention standards as determined by the MEB; the disqualifying defect or condition existed prior to entry on current period of duty and has not been aggravated by such duty; the Soldier is mentally competent; knowledge of information about his or her medical condition would not be harmful to the Soldier's wellbeing; further hospitalization or institutional care is not required; after being advised of the right to a full and fair hearing, the Soldier still desires to waive PEB action; Soldier has been advised that a PEB evaluation is required for receipt of Army disability benefits, but waiver of the PEB will not prevent applying for VA benefits. The characterization of service for Soldiers separated under the provisions of Chapter 5, AR 635-40 will normally be honorable unless the Soldier is in entry-level status. The service of Soldiers in entry-level status will be uncharacterized. 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 requests an upgrade of her uncharacterized discharge to honorable. The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered. However, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide 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, it will still be her responsibility to meet the burden of proof since the discharge packet is not available in the official record. Based on available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 26 June 2017, 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160008740 3