IN THE CASE OF: 

		BOARD DATE: 26 October 2023

		DOCKET NUMBER: AR20220011974


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show she was honorably discharged due to medical 
reasons in lieu of uncharacterized service due to failing to meet medical/physical/ 
procurement standards.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 2808 (Report of Medical Examination)
*	Soldiers Questionnaire
*	Sworn Statement
*	Trainee Personal Statement
*	Radiology History (6 of 39 pages)
*	Dashboard-Related Disabilities
*	Department of Veterans Affairs (VA) Benefit letter

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states she did not discover her problem(s) until she entered the 
military. She believes her medical conditions were taken for granted when discovered.

3.  The applicant provided:

   a.  DD Form 2808, dated 20 February 2020 (page 1 of 4), showing her medical 
evaluation “psychiatric” was normal.

   b.  Soldiers Questionnaire (page 1), dated 15 September 2021, showing the 
applicant stated she agreed with the separation because she believed her training was 
triggering past trauma and was setting her back mentally. She did not want to continue 
to serve because of her health.

   c.  Sworn Statement wherein she indicated before joining the Army National Guard 
(ARNG) she was a victim of domestic violence and sexual abuse. She was physically 
and mentally abused. She was also assaulted by a female drill sergeant whom she 
reported. She was medically neglected when she was forced to continue training 
because the drill sergeants believed she was faking an injury. Now she has damage to 
both hands. Prior to joining the military, she was not diagnosed with any mental health 
issues.

   d.  Trainee Personal Statement dated 30 September 2021, she stated she was 
being chaptered/discharged because she was physically or mentally not capable of 
finishing her training. She believed she joined the military too soon after being in an 
abusive relationship, her body did not do well under stress.

	e.  Radiology History (6 of 39 pages), dated between 23 August 2021 and 3 
September 2022 showing she was diagnosed to suffer from bilateral hand numbness, 
hypoesthesia of the skin, swollen hands, and upper back pain.

	f.  Dashboard-Related Disabilities showing she has a combined disability rating of 
60 percent (%), which includes thoracic spine muscle sprain – 10 %, Raynaud’s 
Syndrome – 10%, and Major Depressive Disorder and Panic Disorder – 50%.

	g.  VA Benefit Information, dated 3 July 2023, showing a combined service-
connected rating of 60%.

4.  The applicant enlisted in the Michigan ARNG (MIARNG) on 20 February 2020 for 
8 years in pay grade E-1.

5.  Orders 1229001 issued on 27 July 2021 ordered the applicant to initial active duty for 
training (IADT) with a reporting date of 17 August 2021 to Fort Jackson, SC.

6.  The applicant’s DA Form 4707, dated 14 September 2021, shows after careful 
considerations of medical records, laboratory, findings, and medical examinations, the 
board found the service member was medically unfit for appointment or enlistment in 
accordance with current medical fitness standards and in the opinion of the evaluating 
physicians the condition(s) existed prior to service (EPTS). The member has the 
following medical conditions and/or physical defects (brief narrative summary):

	a.  History of EPTS condition: She endorsed a history of outpatient counseling for 
abuse and domestic violence for longer than 12 cumulative months with several suicidal 
gestures, which do not meet the standard for enlistment in accordance with (IAW) 
Department of Defense Instruction (DODI) 6130.03.

	b.  Lab and X-ray Results: Not Required for Behavioral Health.

	c.  Diagnosis: F32.89, Other Specified Depressive Episodes.

	d.  Impact on Mission: The applicant was assessed not to meet medical procurement 
standards IAW DODI 6130.03, Paragraph 5-28f (1,2,4,5), m.

	e.  On 21 September 2021, the findings of the board were approved.

	f.  On 1 October 2021, the applicant concurred with the proceedings and requested 
a discharge from the U.S. Army without delay. Her company commander recommended 
she be discharged/separated on 1 October 2021. The discharge authority approved the 
separation on 7 October 2021.

7.  Orders 285-1311, dated 12 October 2021 released the applicant from training, 
discharged her from the Reserve of the Army, and returned her to her ARNG unit. 

8.  Her DD Form 214 shows she was discharged on 14 October 2021 under the 
provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Separations), 
paragraph 5-11, for failed medical/physical/procurement standards with uncharacterized 
service. She completed 1 month and 28 days net active service this period.

9.  Her DD Form 214 contains the following pertinent entries:

*	Character of Service – Uncharacterized
*	Separation Authority –AR 635-200
*	Separation Code – JFW
*	Reentry Code – 3
*	Narrative Reason for Separation – Failed Medical/Physical/Procurement 
Standards

10.  Orders 0001626446.00, dated 24 January 2022 discharged the applicant from the 
MIARNG with uncharacterized service, due to “FP Fraudulent Entry,” effective the same 
date.

11.  AR 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. The SPD code "JFW" is the 
appropriate code to assign Soldiers separated under the provisions of AR 635-200, 
paragraph 5-11, by reason of “Failed Medical/Physical/Procurement Standards.”
12.  The SPD/RE Code Cross Reference Table stipulates the RE code “3” was to be 
assigned to members separated with the SPD code of “JFW.” 

13.  AR 635-200 provides within paragraph 5-11 for the separation of Soldiers who did 
not meet medical procurement medical fitness standards for enlistment or who became 
medically disqualified after entrance onto active duty within the initial 120 days of active-
duty service. Medical proceedings must establish that a medical condition was identified 
by appropriate military medical authority within 6 months of the Soldier’s initial entrance 
on active duty for the Regular Army. An entry level status is defined as the first 
180 days of creditable continuous active duty. A separation will be described as an 
entry level separation with service uncharacterized if processing is initiated while a 
Soldier is in entry level status.

14.  MEDICAL REVIEW:

    a.   The Army Review Boards Agency (ARBA) Medical Advisor was asked to review 
this case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, the Army Aeromedical Resource Office (AERO), and the Interactive 
Personnel Electronic Records Management System (iPERMS).  The ARBA Medical 
Advisor made the following findings and recommendations:  
    b.  The applicant is applying to the ABCMR is requesting an upgrade of her 14 
October 2021 uncharacterized discharge and, in essence, a referral to the disability 
evaluation system.  She states:
I didn’t discover none of my problems until I came to the military and I have my 
health records to prove it.  It needs to be a medical discharge.  I am disable 
veteran now I am service connect for mental problems and they kick me out of 
military for my health conditions.”
    c.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  Her DD 214 for the period of service under consideration 
shows the former Army Nation Guard Soldier entered active duty for initial entry training 
(IET) on 17 August 2021 and received an uncharacterized discharge on 14 October 
2021 under the provisions in paragraph 5-10 of AR 635-200, Active Duty Enlisted 
Administrative Separations (18 June 2021): Separation of personnel who did not meet 
procurement medical fitness standards.  

    d.  Paragraph 5-10a of AR 635-200:

“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 ADT for IET, may be 
separated. Such conditions must be discovered during the first 6 months of 
active duty. Such findings will result in an entrance physical standards board. 
This board, which must be convened within the Soldier’s first 6 months of active 
duty, takes the place of the notification procedure required for separation under 
this chapter (see para 2 – 2).”

    e.  The applicant’s 10 February 2020 pre-entrance Report of Medical History was 
positive for just a latex allergy and a history of wisdom tooth extraction.  Of note, she 
answered “No” to all fourteen questions addressing learning, psychiatric, and behavioral 
issues. Other than the latex allergy, no additional diagnoses were noted on the 
accompanying Report of Medical Examination and the applicant determined qualified for 
enlistment. 
    f.  AHLTA shows the applicant was evaluated by behavioral health for a safety check 
on 13 September 2021 and seen the following day for a full evaluation.  Her evaluation 
on the 14 September 2021 revealed a long history of pre-existing behavioral health 
issues including several prior suicide attempts:
“History of Present Illness: The Soldier is a National Guard, 23 yo (year-old), 
female in week 4 of BCT [basic combat training] with C 2/39. This is not 
deployment related. AHLTA notes were reviewed. 
Soldier endorsed a history of 3 suicide attempts (12 yo- hung self in closet with a 
belt and found by sister who took her down; 20 yo cut wrist and arm with 
scissors-went to CMH hospital for 6 hours; and 22 yo, she tried to drown herself 
in a bathtub but was found by her aunt). 
Soldier endorsed an extensive history of sexual abuse and domestic violence. 
She has had counseling from ages 12 -15 yo and then ages 16-17 yo. Soldier 
has been in treatment as a victim of domestic violence until one month prior to 
shipping to BCT. 
She denied ever being prescribed behavioral health medication or psychiatric 
hospitalizations. Soldier denied ever being diagnosed with a learning disability or 
having special education classes. Soldier endorsed current symptoms of anxiety 
and depression. 
She stated that she is no longer motivated to be in the military and desires a 
discharge.  Soldier endorsed suicidal ideations yesterday with a plan.  Soldier 
does not meet medical retention standards, will be recommended for EPTS 
[existed prior to service], and removed from training with safety precautions.”
    g.  The applicant was subsequently referred to an Entry Physical Standards Board 
(EPSBD) IAW paragraph 5-11 of AR 635-200 for her pre-exiting behavioral health 
issues.  EPSBDs are convened IAW paragraph 7-12 of AR 40-400, Patient 
Administration.  This process is for enlisted Soldiers who within their first 6 months of 
active service are found to have a preexisting condition which does not meet the 
enlistment standard in chapter 2 of AR 40-501, Standards of Medical Fitness, but does 
meet the chapter 3 retention standard of the same regulation.  The fourth criterion for 
this process is that the preexisting condition was not permanently service aggravated.  
    h.  From her Entrance Physical Standards Board (EPSBD) Proceedings (DA form 
4707) dated 14 September 2021:
“History of EPTS Condition: Soldier endorsed a history of outpatient counseling 
for abuse and domestic violence for longer than 12 cumulative months with 
several suicidal gestures, which do not meet the standard for enlistment IA W 
DoDI 6130.03.
Lab and X-Ray Results: Not Required for Behavioral Health'
Diagnosis: F32.89, Other Specified Depressive Episodes
Impact on Mission: This SM is assessed to not meet medical procurement 
standards IA W DoDI 6130.03, Paragraph 5-28 f (1 ,2,4,5), m.”
    i.  Paragraph 5-28 f (1 - 5), and m of DOD Instruction 6130.03 - Medical Standards for 
Appointment, Enlistment, or Induction into the Military Services (6 May 2018) list the 
addresses circumstances when depression does not meet medical enlistment 
standards.
5-28f. Depressive disorder if:
(1) Outpatient care including counseling required for longer than 12 
cumulative months;
(2) Symptoms or treatment within the last 36 months;
(3) The applicant required any inpatient treatment in a hospital or residential 
facility;
(4) Any recurrence; or
(5) Any suicidality (in accordance with Paragraph 5.28.m.).
5-28m. Suicidality, including suicidal ideation with a plan, suicidal gesture(s), or 
attempt(s).
    j.  The Board concluded the applicant’s medical condition had existed prior to service, 
failed medical enlistment standards, was not permanently aggravated by her service, 
and was not compatible with continued service.  On 1 October 2021, the applicant 
concurred with the board’s findings, initialing the first of four options: “I concur with 
these proceedings and request to be discharged from the US Army without delay.”  The 
second option he could have selected: “I concur with these proceedings and request 
that I be retained on active duty.”
    k.  Review of her record in JLV shows she has been awarded several VA service-
connected disability ratings, including a 50% rating for major depressive disorder.  
However, the DES compensates an individual only for service incurred condition(s) 
which have been determined to disqualify him or her from further military service.  The 
DES has neither the role nor the authority to compensate service members for 
anticipated future severity or potential complications of conditions which were incurred 
or permanently aggravated during their military service.  These roles and authority were 
granted by Congress to the Department of Veterans Affairs and are executed under a 
different set of laws.
    l.  An uncharacterized discharge is given to individuals who separate prior to 
completing 180 days of military service, or when the discharge action was initiated prior 
to 180 days of service.  This type of discharge does not attempt to characterize service 
as good or bad.  Through no fault of her own, she simply had a medical condition which 
was, unfortunately, not within enlistment standards. 
    m.  It is the opinion of the ARBA Medical Advisor that neither a discharge upgrade 
nor a referral of her case to the DES is warranted.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant's request, supporting documents, 
evidence in the records, a medical review, and published Department of Defense 
guidance for liberal consideration of requests for changes to discharges.

2.  The Board concurred with the conclusion of the ARBA Medical Advisor that the 
evidence confirms the applicant had a condition prior to entering military service that did 
not meet procurement standards and she was properly processed for discharge as a 
result. Because she was an entry-level Soldier, her service was uncharacterized in 
accordance with the governing regulation. Based on a preponderance of the evidence, 
the Board determined the applicant’s uncharacterized service and the reason for her 
discharge were not in error or unjust.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.
	 
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.


REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to 
timely file within the 3-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation (AR) 635-5-1 (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. The SPD code “JFW” is the appropriate code 
to assign Soldiers separated under the provisions of AR 635-200, paragraph 5-11, by 
reason of “Failed Medical/Physical/Procurement Standards.”

3.  The SPD/RE Code Cross Reference Table stipulates that RE code "3" would be 
assigned to members separated with the SPD code of “JFW.”

4.  AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility 
criteria, policies, and procedures for enlistment and processing into the RA and the 
USAR. Table 3-1 includes a list of the RA RE codes: 

	a.  RE-1 applies to Soldiers completing their term of active service who are 
considered qualified to reenter the U.S. Army. They are qualified for enlistment if all 
other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or 
continuous service at time of separation, but disqualification is waivable. They are 
ineligible unless a waiver is granted.

5.  AR 635-200 (Active Duty Enlisted Separations), in effect at the time, prescribed 
policies, standards, and procedures for enlisted administrative separations.

	a.  An honorable discharge was a separation with honor. The honorable 
characterization was appropriate when the quality of the Soldier's service generally met 
the standards of acceptable conduct and duty performance.

	b.  Uncharacterized Separations. Soldiers separated in an entry-level status receive 
an uncharacterized character of service. A separation is an entry level status separation 
if its processing is initiated during the Soldier's first 180 days of continuous active duty. 
The Secretary of the Army could, on a case-by-case basis, issue an honorable 
character of service to entry-level Soldiers when clearly warranted by unusual 
circumstances involving personal conduct or duty performance.

	c.  Paragraph 5-11 specifically provided 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 for training for initial entry training may be separated. EPSBD proceedings 
were required to be convened within the Soldier's first 6 months of active duty service, 
and had to establish the following: that medical authority identified the disqualifying 
medical condition(s) within 6 months of the Soldier's initial entrance on active duty; that 
the condition(s) would have permanently or temporarily disqualified the Soldier from 
entry into military service or entry on active duty or active duty for training for initial entry 
training had it been detected at the time. 
6.  On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and 
Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs 
and BCM/NRs when considering requests by veterans for modification of their 
discharges due in whole or in part to: mental health conditions, including post-traumatic 
stress disorder, traumatic brain injury, sexual assault, or sexual harassment. Boards are 
to give liberal consideration to veterans petitioning for discharge relief when the 
application for relief is based, in whole or in part, on those conditions or experiences.

7.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency 
determinations. Clemency generally refers to relief specifically granted from a criminal 
sentence. BCM/NRs may grant clemency regardless of the court-martial forum. 
However, the guidance applies to more than clemency from a sentencing in a court 
martial; it also applies to any other corrections, including changes in a discharge, which 
may be warranted on equity or relief from injustice grounds. This guidance does not 
mandate relief, but rather provides standards and principles to guide BCM/NRs in 
application of their equitable relief authority. In determining whether to grant relief on the 
basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect 
for rehabilitation, external evidence, sworn testimony, policy changes, relative severity 
of misconduct, mental and behavioral health conditions, official governmental 
acknowledgement that a relevant error or injustice was committed, and uniformity of 
punishment.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220011974


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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