1. Applicant's Name: a. Application Date: 25 November 2016 b. Date Received: 28 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, that his discharge was the result of a stress fractures he sustained in BCT during a block of instruction on how to rescue an injured Soldier. He is currently suffering from chronic arthritis as indicated on DA Form 4707. The applicant contends Army Regulation 635- 200, paragraph 1-16(b) states that at least one formal counseling session from the commander, or a responsible designee to be determined by the commander, is required before separation proceedings may be initiated and that counseling sessions must be recorded in writing on DA Form 4856. It also states that waiver of this counseling requirement is not authorized. I was never formally counseled in writing on DA Form 4856. Furthermore, paragraph 1-16(b) also states that Soldiers undergoing initial entry training will be recycled at least once in an effort to allow a Soldier to overcome their deficiencies. He was never recycled, although he was sent home on convalescence leave to recover, as soon as he returned, he was separated from the service without any assessment done, opportunity to overcome the deficiency post recovery, or option to reclassify to an MOS that would accommodate his injury. In addition to paragraph 1-16(b), paragraph 5-17(c) also reinforces that separation proceedings may not be initiated until a Soldier has been counseled formally regarding their deficiencies and afforded ample opportunity to overcome those deficiencies which should be reflected in appropriate counseling or personnel records. These requirements were not met, he was counseled on 15 September 2004 via memorandum regarding excess leave but he was not counseled by anyone regarding his options based on his injury and profile even after apprising his new Company Commander of what his doctor said about reclassifying to another MOS due to his injury. I was also not afforded the opportunity to speak with Trial Defense Services (TDS) regarding his options as far as his characterization of service and how that would affect his ability to receive treatment for his injury. He was simply instructed by a civilian to sign in specific places on a form. In a records review conducted at Arlington, VA on 7 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: Failed Medical / Physical/Procurement Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 15 October 2004 c. Separation Facts: According to DA Form 4707, Entrance Physical Standards Board (EPSB) Proceedings which was provided by the applicant (1) Date Entrance Physical Standards Board (EPSB) convened: 26 August 2004 (2) Findings of the EPSB: The findings of the evaluation physicians indicate the applicant complained of right ankle and knee pain. The applicant was diagnosed with chronic arthritis bilateral knee and right ankle. It was recommended that the applicant be separated. It was noted that the applicant did not meet medical fitness standards for enlistment UP of paragraph 2-11a (2) Chapter 2 AR 40-501. The applicant did not meet retention standards UP Chapter 3 AR 30-501. It was recommended that he be separated from the military service UP Paragraph 5-11, AR 635-200. (3) Recommended Characterization: On 21 September 2004, the applicant reviewed and concurred with the findings of the EPSB and requested to be discharged from the US Army without delay. (4) Legal Consultation Date: 4 November 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 September 2004 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 March 2004 / 4 years b. Age at Enlistment / Education / GT Score: 29 / BS Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 6 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None 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; excerpts from Army Regulation 635-200, dated 6 September 2011; letter from the army Discharge Review Board; rating decision letters from the Department of Veteran Affairs; request for excess leave pending discharge memorandum; DA Form 4707; individual training record; and radiological consultation report. 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 general (under honorable conditions). The applicant's record of service, the documents and the issues submitted with the 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. 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 (ELS). 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 and his service did not warrant an honorable discharge. It appears that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. . The applicant seeks relief contending Army Regulation 635-200, paragraph 1-16(b) states that at least one formal counseling session from the commander, or a responsible designee to be determined by the commander, is required before separation proceedings may be initiated and that counseling sessions must be recorded in writing on DA Form 4856. It also states that waiver of this counseling requirement is not authorized. He was never formally counseled in writing on DA Form 4856. Furthermore, paragraph 1-16(b) also states that Soldiers undergoing initial entry training will be recycled at least once in an effort to allow a Soldier to overcome their deficiencies. He was never recycled, although he was sent home on convalescence leave to recover, as soon as he returned, he was separated from the service without any assessment done, opportunity to overcome the deficiency post recovery, or option to reclassify to an MOS that would accommodate his injury. The applicant contentions were noted; however, the DA Form 4707 furnished by the applicant indicates the proceedings of an EPSB revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty, and subsequently, those findings were approved by competent medical authority. The proceedings further reflect the applicant agreed with these findings and the proposed action for administrative separation from the Army. The medical proceedings established that his medical condition was identified by appropriate medical authority within six months of the his 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, that the medical condition was not service aggravated, and that the condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, Chapter 3. The memorandum furnished by the applicant, dated 15 September 2004, indicates the applicant acknowledged being counseled by his immediate commander concerning his request for excess leave pending discharge during the period he was in the 180-day period of entry-level status, subsequent to the initiation of his separation proceedings. Evidence in the record shows although the applicant was not counseled on a DA Form 4856, the DD Form 4707 which was signed by the applicant shows the applicant was aware of the EPSB action that was pending against him. He understand that legal advice of an attorney employed by the Army was available to him or that he was able to consult civilian counsel at his own expense. He understood that he could request to be discharged from the US Army without delay or to request retention on active duty. After being informed of the medical findings the applicant concurred with the proceedings and requested to be discharge from the Army without delay. 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 his 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 7 August 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160019638 4