1. Applicant’s Name: a. Application Date: 19 May 2015 b. Date Received: 15 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, his Department of Veterans Affairs (VA) documentation characterized his service as honorable. He was informed if the VA ruled favorably on his claim, his discharge status would be changed to honorable. In a records review conducted at Arlington, VA on 19 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Failed Medical /Physical / Procurement Standards / AR 635-200 / Chapter 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 10 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 July 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; the Physical Standards Board (EPSBD) Proceedings indicates he was diagnosed with multilevel bulging disc C spine (722). (3) Recommended Characterization: NIF (4) Legal Consultation Date: The applicant did not request for legal consultation in the discharge process. (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 26 September 2013 / Uncharacterized 4. SERVICE DETAILS: a. Date/Period of Enlistment: 26 March 2013 / 3 years and 32 weeks b. Age at Enlistment/Education/GT Score: 34 years / Two years of college / 130 c. Highest Grade Achieved/MOS/Total Service: PFC / E-3 / None / 6 months and 15 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: The applicant received a negative counseling statement notifying him of pending a fit for duty evaluation in reference to; health and welfare, professionalism and the uniform code of military justice. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 dated 19 May 2015, and a VA document (two pages) dated 23 December 2014. 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 7. REGULATORY CITATION(S): Army Regulation (AR) 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 a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of AR 40-501, Chapter 3. 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. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. AR 635-200 states 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the uncharacterized discharge to honorable. The applicant’s record of service, the issues and document submitted with his application were carefully reviewed. The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant had a medical condition which was disqualifying for enlistment and existed prior to entry on active duty. These findings were approved by competent medical authority and the applicant agreed with the findings and proposed action for administrative separation from the Army. 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 (ELS). An honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant seeks relief contending, his Department of Veterans Affairs (VA) documentation characterized his service as honorable; he was informed that if the VA ruled favorably on his claim, his discharge status would be changed to honorable. The VA does not have the authority to officially upgrade any discharge. Should the VA upgrade a Soldier’s discharge, it is solely for administrative purposes of granting VA benefits. 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 reasons for discharge, or both, were improper or inequitable. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214/Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010637 1