1. Applicant's Name: a. Application Date: 21 November 2016 b. Date Received: 25 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, he was rated 100 percent disabled by the VA and desires the upgrade to be eligible for a VA loan. Per the Board's Medical Officer, based on the information available for review at the time, discharge of Condition, Not a Disability is warranted. Medical records indicated SM injured knee prior to military service and his injury in service did not warrant a medical disposition. In a records review conducted at Arlington, VA on 21 February 2018, 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: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 16 September 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 September 2009 (2) Basis for Separation: The applicant was informed of the following reasons: He was physically unable to complete Basic Combat Training due to his knee pain. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 4 September 2009, the applicant waived his rights to consult with A JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 September 2009 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 July 2009 / NIF (IADT) b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 4 months, 23 days d. Prior Service / Characterizations: USAR, 24 April 2009 - 7 July 2009 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Statement of Medical Examination and Duty Status, dated 11 August 2009, reflects applicant's injury as a contusion with intact skin surface - Knee Right Anterior. On 11 August 2009, while attending BCT at Fort Jackson, SC., the applicant stated that he was injured when he fell down about 4 to 5 flights of stairs. The injury was considered to be in the line of duty. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; and, a VA disability letter. 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, general (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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-17, Condition, Not a Disability. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant, while in training status, was evaluated by competent medical authority and determined the applicant had contusion with intact skin surface - Knee Right Anterior. It was determined these injuries would prevent him from completing training. The applicant contends the narrative reason for the discharge should be changed due to his disability. However, the applicant was separated under the provisions of Chapter 5, paragraph 5-17, AR 635-200 with a uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," and the separation code is "JFV." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that an upgrade of his discharge would allow him eligibility for a VA loan. However, eligibility for veteran's benefits to include VA loans and educational benefits under the Post-9/11 or Montgomery GI Bill do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 21 February 2018, 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 AR20160019072 2