IN THE CASE OF: Mr. BOARD DATE: 12 November 2014 CASE NUMBER: AR20140000332 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge from uncharacterized to general, under honorable conditions, or honorable, and a change to the narrative reason for separation. 2. The applicant states, in effect, he said to one of his peers she was beautiful and that was the only thing he said to anyone; all allegations against him are false. He finds it hard to explain his uncharacterized discharge to others and others find it hard to understand why the discharge is uncharacterized. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 26 December 2013 b. Discharge received: Uncharacterized c. Date of Discharge: 22 July 2008 d. Reason/Authority/SPD/RE: Failed Medical/Physical/Procurement Standards, AR 635-200, Chapter 5, Paragraph 5-11, JFW, RE-3 e. Unit of assignment: F Co, 3-60th Infantry Battalion, Fort Jackson, SC f. Current Enlistment Date/Term: 5 June 2008/OIADT, 22 weeks g. Current Enlistment Service: 1 month, 18 days h. Total Service: 1 year, 25 days i. Time Lost: None j. Previous Discharges: USN (060817-060908)/UNC/Break in Service ARNG (070720-080604)/UNC/(Concurrent Service) k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Navy on 17 August 2006, the period of service was not in the file. He was discharged on 6 September 2008 with an uncharacterized discharge. He had a break in service until he enlisted in the Army National Guard on 20 July 1997, for a period of 7 years and 46 weeks. He was 23 years old at the time and a high school graduate. His record does not show any acts of valor or significant achievements; and he achieved the rank of PFC/E-3. He was in initial entry training at Fort Jackson, SC when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the applicant’s release from initial active duty training (IADT). 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. He was released from IADT as a PFC/E-3. 2. The DD Form 214 indicates on 22 July 2008, the applicant was released under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failed/medical/physical/ procurement standards, with an SPD code of JFW, an RE code of 3, and a characterization of service of uncharacterized. 3. The applicant’s service record does not contain any evidence of unauthorized absences, time lost, or any action under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DD Form 214, dated 22 July 2008. 2. Enlistment/Reenlistment Document, dated 20 July 2007. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, a DD Form 293, and three DD Forms 214. POST-SERVICE ACTIVITY: The applicant did not provide any information with his application. REGULATORY AUTHORITY: 1. Army Regulation 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 Army Regulation 40-501, Chapter 3. 2. 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. 3. Army Regulation 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. 4. 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 "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-11, for failed medical/physical procurement standards. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFW" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason for separation was carefully considered. However, after a careful review of all the applicant’s available records for the period of enlistment under review, the issues and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation. 2. 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. 3. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards with service uncharacterized. In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSB) would have revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, competent medical authority would have had to approve the findings of the EPSB. The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army. 4. 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. 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. 5. The applicant requested a change to the narrative reason for the discharge. 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 "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-11, for failed medical/physical procurement standards. 6. The applicant contends he said to one of his peers she was beautiful and that was the only thing he said to anyone; all allegations against him are false. There is insufficient evidence available in the official record to make a determination upon whether the applicant's contention has merit. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention he was unjustly discharged. 7. The applicant further contends he finds it hard to explain his uncharacterized discharge to others and others find it hard to understand why the discharge is uncharacterized. 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 characterization of service to be rated as honorable or otherwise. 8. Furthermore, 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. 9. Therefore, based on the available evidence and the presumption of government regularity, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 12 November 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140000332 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1