IN THE CASE OF: Mr. BOARD DATE: 29 October 2014 CASE NUMBER: AR20140000443 ___________________________________________________________________________ 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. 2. The applicant states, in effect, his discharge does not fit the reason he was discharged; he had no control over the medical condition he incurred during training. He gave the Military Entrance Processing Station (MEPS) his medical history, he did not lie regarding his medical conditions and the doctors did not find anything wrong. His uncharacterized discharge has affected his employment, school and life. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge received: Uncharacterized c. Date of Discharge: 17 September 2013 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: C Co, 1-34th Infantry Battalion, Fort Jackson, SC f. Current Enlistment Date/Term: 30 July 2013, 3 years and 27 weeks g. Current Enlistment Service: 1 month, 18 days h. Total Service: 1 month, 18 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 95 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: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 30 July 2013, for a period of 3 years and 27 weeks. He was 20 years old at the time of entry and a high school graduate. His record does not contain any evidence of acts of valor or meritorious achievements. He was in initial entry training at Fort Jackson, SC when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 21 August 2013, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of talocalcaneal coalition prior to entry into the Army. 2. On 4 September 2013, the applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay; waived legal counsel and did not submit a statement on his own behalf. 3. On 4 September 2013, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, with an uncharacterized discharge. 4. On 9 September 2013, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized. 5. The applicant was discharged from the Army on 17 September 2013, with a characterization of service listed as uncharacterized. 6. The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: The record contains a counseling statement, dated 14 August 2013, informing the applicant of pending separation under provisions of Chapter 5-11. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings, two DD Forms 214, Report of Medical History (four pages), and a DA Form 4856 (Developmental Counseling Form). 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after a careful review of all the applicant’s military records for the period of enlistment under review, the issues and document submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, these findings were approved by competent medical authority. The applicant agreed with these findings and the proposed action for administrative separation from the Army. 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. 4. Further, a general, under honorable conditions discharge is not authorized under ELS conditions. 5. The applicant contends his discharge does not fit the reason he was discharged; he had no control over the medical condition he incurred during training. 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. 6. The applicant further contends he gave the MEPS his medical history, he did not lie regarding his medical condition and the doctors did not find anything wrong. The EPSB proceedings found the applicant was unable to march or run due to left ankle pain. A cat scan of his left ankle revealed joint space irregularity and subchondral sclerosis of the middle talocaneal facet. He would not be able to complete basic training due to his inability to march or run and this condition existed prior to entry on active duty. 7. The applicant also contends his uncharacterized discharge affects his employment, school and life. 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 or her characterization of service to be rated as honorable or otherwise. 8. Additionally, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Furthermore, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does 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. 9. All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. 10. Therefore, the reason for discharge and the characterization 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: 29 October 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) AR20140000443 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1