IN THE CASE OF: BOARD DATE: 31 July 2015 CASE NUMBER: AR20140010238 ___________________________________________________________________________ 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 which follows, the Board determined the discharge was improper based on the circumstances surrounding the discharge (An ultrasound one month prior to enlistment was inconclusive and a ultrasound three weeks after discharge was negative for gallbladder stones and/or gallbladder stone activity. Further, there was no ultrasound or applicable labs performed while in the military). Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. 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 to upgrade the characterization of his service from uncharacterized to fully honorable, and to change the separation and reentry codes, inclusive of the narrative reason for his discharge. 2. The applicant states, in effect, he was discharged under a wrong medical conclusion because of a gallbladder stone. An ultra sound scan conducted following his discharge indicated he was clear of a gallbladder stone and never had one. He wants to continue with serving his country. He will provide the evidence of the scan and proof that he never had a gallbladder stone. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 June 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 3 April 2014 d. Reason/Authority/SPD/RE Code: Failed Medical/Physical/Procurement Standards, AR 635-200, Paragraph 5-11, JFW, RE-3 e. Unit of assignment: D Co, 1st Bn, 61st Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 18 February 2014, 4 years, 20 weeks g. Current Enlistment Service: 0 years, 1 month, 16 days h. Total Service: 0 years, 1 month, 16 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: None m. GT Score: 101 n. Education: Bachelor of Science Degree 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 record shows the applicant enlisted in the Regular Army on 18 February 2014, for a period of 4 years and 20 weeks. He was 27 years old at the time of entry and had Bachelor of Science degree. His record documents no acts of valor or significant achievement. He completed 1 month and 16 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 6 March 2014, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of cholelithiasis existed prior to entry into the Army. The applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay and did not submit a statement on his own behalf. 2. On 20 March 2014, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge. 3. On 25 March 2014, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized. 4. The applicant was discharged from the Army on 3 April 2014, with a characterization of service listed as uncharacterized. 5. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There are no recorded actions under the Uniform Code of Military Justice. 2. A counseling statement, dated 6 March 2014, for separation pursuant to a medical condition EPTS. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an ultra sound report, dated 26 April 2014; a self-authored statement as additional evidence; a doctor’s statement, dated 19 October 2014, with lab report, dated 18 October 2014, and medical report, dated 14 October 2014; EPSBD Proceedings, dated 6 March 2014, and diagnostic imaging report, dated 7 January 2014. POST-SERVICE ACTIVITY: The applicant states, in effect, he is currently working on his third year of obtaining his PhD in chemical engineer at a university. 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, 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 OF ISSUE(S): 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 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. 2. Based on available evidence, it appears the discharge was improper based on the circumstances surrounding the applicant’s separation. The record indicates the applicant received an ultrasound one month prior to enlisting in the military with inconclusive results. The applicant was seen by medical authorities for abdominal pain and loss of appetite one month after starting basic combat training and admitted to a history of peptic ulcer disease. The applicant was subsequently recommended for separation from the Army. However, the available evidence indicates that three weeks after the applicant’s discharge an ultrasound showed negative results for gallbladder stones and/or gallbladder stones activity. There was no evidence of an ultrasound or applicable labs performed while the applicant was serving in the military. 3. Based on the available evidence of record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 31 July 2015 Location: Washington, DC Did the Applicant Testify? No Counsel/Representative: None Board Vote: Character Change: 4 No Change: 1 Reason Change: 4 No Change: 1 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: Secretarial Authority Change Authority for Separation: AR 635-200, Chapter 5-3 Change RE Code to: No Change Grade Restoration to: NA Other: Separation Program Designator (SPD) code to JFF Legend: 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 IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140010238 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1