1. APPLICANT’S NAME: a. Application Date: 5 June 2014 b. Date Received: 13 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: An upgrade to honorable. The applicant states, in effect and in pertinent part, she was discharged due to symptoms that were later diagnosed as Multiple Sclerosis which is considered to be a service-related condition according to her doctor. She is unable to receive treatment at a VA facility because of her time in service and her uncharacterized discharge. In a records review conducted at Arlington, VA on 15 July 2015, and by 5-0 vote, the Board denied the request finding the separation was both proper and equitable. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Condition, Not a Disability / AR 635-200, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 4 June 2009 c. Separation Facts: NIF (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: No (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 3 March 2009, IADT b. Age at Enlistment/Education/GT Score: 23 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 3 months and 2 days, for service under current review (total service with prior service 8 months and 29 days) d. Prior Service/Characterizations: RA (050103-050404) / UNC e. Overseas Service/Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: A doctor’s examination record, dated 16 April 2012. 6. POST SERVICE ACCOMPLISHMENTS: None provided 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  8. DISCUSSION OF ISSUE(S): The applicant seeking relief contends the symptoms of the condition for which she was discharged was later revealed as Multiple Sclerosis and considered to be a service-related condition according to her doctor. She is unable to receive treatment at a VA facility because of her time in service and her uncharacterized discharge. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered. However, the applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. A properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), digitally authenticated by her signature, identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. It reflects her discharge was under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with an uncharacterized separation of service. A Soldier is in an entry-level status (ELS) for the first 180 days of continuous active duty to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, a Soldier’s service would be uncharacterized when her separation is initiated while the Soldier is in entry level status. Absence evidence to the contrary, it is presumed that the applicant’s separation was initiated while she was still in entry-level status and her separation was accomplished within 72 hours following approval by the separation authority. Furthermore, 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 character of service to be rated as honorable or otherwise. Further, 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. Her record shows no such unusual circumstances were present and her service did not warrant an honorable discharge. Her contentions were carefully considered. However, the merit of her contentions cannot be established because the facts and circumstances leading to her discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it would be her responsibility to meet this burden of proof since the discharge packet is not available in the official record. Eligibility for veteran's benefits 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. Based on the available evidence and the presumption of government regularity, it appears 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. 9. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board 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 MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140010591 1