1. Applicant's Name: a. Application Date: 24 May 2016 b. Date Received: 20 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable or general (under honorable conditions) discharge. The applicant seeks relief contending, in effect, that his discharge documents contain several issues of incorrect information. He contends he joined the United States Army Reserves on 7 September 2007, and served 10 months and 15 days of inactive service with no disciplinary issues. On 23 July 2008, he entered active duty and according to the discharge documents he received at the time of his discharge he received one Article 15. The reasoning behind his discharge was failure to meet Army Physical Fitness Test (APFT) standard. He contends of the seven weeks at the FTU he met the standard for PU (3), SU (10), and the two mile run (3). His counseling statement states that he had constantly failed the run event on every APFT; however, on 14 October 2008 he completed the run within the required time. His counseling also states that he did acquire an injury but nowhere did it state that it was taken into consideration in his discharge outcome. It was also stated in the counseling's that a negative attitude was spotted and would cause him serious problems later in life, but mental health was not notified to evaluate him. The applicant contends that since his discharge he has been diagnosed with PTSD and depression which was a result of an 18 June 2007 Sofa Super Store Fire in Charleston, South Carolina. He is also being tested for BI Polar Disorder as well as Paranoid Schizophrenia through the South Carolina Department of Correction and South Carolina Department of Mental Health Services In a records review conducted at Arlington, VA on 30 August 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: Entry Level Performance and Conduct / AR 635-200, Chapter 11 / LGA / RE-3 / Uncharacterized b. Date of Discharge: 11 December 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 December 2008 (2) Basis for Separation: The applicant was informed of the following reasons: for failing to pass the Army Physical Fitness Test (APFT) (he failed the final APFT in his BCT unit and was reassigned to the Fitness Training Unit on 8 October 2008, to assist him in passing the APFT, after that time and with numerous days of additional training he was still not able to pass the test). (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 2 December 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 December 2008 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: ADT, 23 July 2008 / 17 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 year, 3 months, 4 days d. Prior Service / Characterizations: USAR, 8 September 2007 to 22 July 2008 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Several negative counseling statements in reference to the applicant's failing the APFT, lack of improvement in FTU, and a recommendation for separation under the provisions of AR 635-200 Chapter 11. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 705 (Army Physical Fitness Test Scorecard); documents from his separation file; and DA Form 4856 (Developmental Counseling Form). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It 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. Chapter 11 of AR 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter. A General (Under Honorable Conditions) discharge (GD) 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." "Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable or general (under honorable conditions) discharge. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The regulation stipulates that a Soldiers service will be described as uncharacterized while in an entry-level at the time the separation action is initiated and that the Soldier has less than 180 days of continuous active duty service. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct, with a characterization of service described as uncharacterized. Barring evidence to the contrary, all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status. The regulation 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 (ELS). 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 contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further corroborating evidence in support of the request for an upgrade of the discharge. The applicant contentions in reference to his medical issues were also noted; however, the available service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official 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 30 August 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 AR20160011606 3