IN THE CASE OF: BOARD DATE: 27 May 2015 CASE NUMBER: AR20140009975 ___________________________________________________________________________ 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 characterization from uncharacterized to honorable. 2. The applicant states, in effect, he was told his discharge would change from uncharacterized to honorable but never happened. He believes the uncharacterized discharge affects his employment opportunities. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 18 March 2003 d. Reason/Authority/SPD/RE: Failed To Meet Procurement Medical Fitness Standards, AR 635-200, Chapter 5, paragraph 5-11, JFW, RE-3 e. Unit of assignment: A Battery, 2-80th Field Artillery, Fort Sill, OK f. Current Enlistment Date/Term: 3 October 2002, 4 years g. Current Enlistment Service: 5 months, 16 days h. Total Service: 5 months, 16 days i. Time Lost: None j. Previous Discharges: None 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: No t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 3 October 2002, for a period of 4 years. He was 19 years old at the time of entry and a HS Graduate. His record does not show any acts of valor or significant achievements. He was in initial entry training at Fort Sill, OK 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 discharge from the Army. However, the applicant submitted with his application the Entrance Physical Standards Board (EPSB) proceedings which indicates on 11 February 2003, the EPSB convened and determined the applicant’s medical condition of hallux valgus existed prior to service. 2. On 5 March 2003, the applicant reviewed and concurred with the findings of the EPSB, and requested to be discharged from the Army. He waived legal counsel and did not submit a statement on his own behalf. 3. On 5 March 2003, 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 6 March 2003, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized. 5. On 18 March 2003, the applicant was discharged from the Army with a characterization of service listed as uncharacterized. 6. The applicant’s service record does not contain any evidence of unauthorized absences, time lost, negative counseling statements or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DD Form 214, dated 18 March 2003. 2. Discharge Orders Number 076-0119, dated 17 March 2003. 3. Enlistment/Reenlistment document dated 3 October 2002. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application (six pages), DD Form 214, EPSB proceedings and a sworn statement. 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 available 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 EPSB revealed the applicant had a medical condition which was disqualifying for enlistment and 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. 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 record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. 5. The applicant contends he was told his discharge would change from uncharacterized to honorable but never happened. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reason for discharge, or both, were improper or inequitable. 6. The applicant contends he believes the uncharacterized discharge affects his employment opportunities. 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. 7. All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. 8. 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: 27 May 2015 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) AR20140009975 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1