1. Applicant's Name: a. Application Date: 1 June 2016 b. Date Received: 27 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). The applicant seeks relief contending, in effect, he was told at the time of discharge that he would be receiving an honorable discharge due to an injury to his knee. He contends he advised his recruiting officer that he had surgery in 2001 and was told by him that, since it was over three years, it did not matter. He was able to perform all tasks throughout basic with no problem. He did not have any problems until he was in AIT during a motar attack simulation on asphalt in full gear. When he went down he hit his knee and it locked up on him for six months. He saw multiple doctors to try and help with his knee; however, the therapy they tried only made the condition worse. He contends his current characterization of service is effecting his ability to obtain a position as a peace officer in his hometown. He has always wanted to serve in the military and also serve as a peace officer. His military service was unfortunately cut short due to the medical issue with his knee and now he is not able to obtain a position as a peace officer because of the discharge. He contends he did not have a bad conduct issue while in the military; therefore, he is requesting assistance to help him obtain the position and make a better life for his family. In a records review conducted at Arlington, VA on 3 February 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: Failed Medical / Physical/Procurement Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 11 July 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 May 2007 (2) Basis for Separation: The applicant was diagnosed with osteochondritis dissecans (EPS) as a result of an injury that occurred prior to the applicant's enlistment (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Documents indicating the applicant's election of rights were not contained in the available record; therefore, a presumption of government regularity prevails in the separation process (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 June 2007 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 November 2006 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-1 / 25U10, Signal Support Systems Specialist / 7 months, 27 days (It should be noted that although the DD Form 214 under review reflects the applicant was awarded the MOS of 25U10, the separation authority's memorandum reflects the applicant did not complete initial entry training (IET) and was not awarded a military occupational specialty (MOS)). d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; certificates for graduation from basic training and AIT; certificate for Signal Regimental Affiliation; enlistment documents; Army Physical Fitness Test Scorecard; medical progress notes and patient report for medical issues in 2001. 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 5-11 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 requests an upgrade of his uncharacterized discharge to honorable or general, under honorable conditions. 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 (EPSBD) revealed the applicant had a medical condition which was disqualifying for enlistment and existed prior to entry on active duty. These findings were approved by competent medical authority and the applicant agreed with the findings and proposed action for administrative separation from the Army. The evidence of record indicates the applicant was appropriately discharged with an uncharacterized separation of service and reentry eligibility (RE) code of 3. 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. The evidence of record shows that at the time EPSBD proceedings were initiated the applicant had completed 5 months and 26 days of continuous active duty, thus he was still in an 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 that no such unusual circumstances were present at the time of discharge. The uncharacterized description of service accurately reflects the applicant's overall record of service. 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. The applicant contends that he was told at the time of discharge that he would be receiving an honorable discharge due to an injury to his knee. He contends he advised his recruiting officer that he had surgery in 2001 and was told by him that since it was over three years that it did not matter. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention the he was told at the time of discharge that he would be receiving an honorable discharge. The applicant expressed his desire for an upgrade of his discharge for the purpose of obtaining a position as a piece officer and making a better life for his family. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 3 February 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 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 (Restoration of) Grade to: 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 AR20160012254 1