1. Applicant’s Name: a. Application Date: 8 June 2015 b. Date Received: 16 June 2015 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his uncharacterized discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, the presence of unusual circumstances involving the applicant's personal conduct and performance of duty while a trainee. The narrative reason for separation is in error because the applicant properly disclosed and listed his pre-service medical condition, Wolff-Parkinson-White syndrome to all recruiters and to the Army Military Entrance Processing Station’s (MEPS) medical personnel prior to induction. Moreover, his condition at induction, and while serving on active duty for two months and 21 days, had been successfully ablated for more than 10 years. He therefore met the procurement medical standards, which the Army's EPSBD used as the basis for its recommendation to separate. The applicant, while still on active duty but prior to separation, should have been referred to a Medical Evaluation Board (MEB) for further medical/disability evaluation as warranted. By failing to refer the applicant for an MEB / Physical Evaluation Board (PEB) / Integrated Disability Evaluation System (IDES) evaluation and processing prior to his separation, the Army denied him certain fundamental regulatory and procedural due process, violated its own regulations on point, and, as a result, materially prejudiced his substantial rights. Further, the applicant has suffered material prejudice / harm as a direct result of the narrative reason and characterization of service. Because of the discharge, the applicant has been denied from employment opportunities that he was otherwise qualified. The applicant’s uniquely honorable service during his entry level training, warrants an upgrade of his discharge to honorable. The applicant provided expert emergency medical assistance to three trainees who were in varying degrees of significant physical distress. Arguably, but for the applicant’s intervention, all three recruits might have died, or suffered long-term, serious bodily injury. In fact, his drill sergeant recommended the applicant for a rare and rather unusual award (especially for a trainee so new to basic), and the applicant was ultimately awarded the Army Achievement Medal for his selfless service, outstanding performance and personal courage in assisting three of his fellow recruits. A review of the regulatory language of AR 635-200, Paragraph 3-9a. (2), and the specific requirements set forth therein for a qualifying (Convenience of the Government) entry level separation to receive "honorable" as distinguished from "uncharacterized" status, the applicant’s conduct and performance of duty, under the highly unusual, potentially life threatening circumstances presented, was clearly distinguished and exceptional on several levels. Per the Board's Medical Officer, based on the information available for review at the time, the applicant was separated for ‘Failure to Meet Procurement Medical Fitness Standards’ with a Release from Active Duty discharge, Uncharacterized (characterization of service) for service from 30 March 2007 through 20 June 2007 with 2 months and 21 days of net active service per AR 635-200 paragraph 5-11. The electronic medical records (AHLTA) were reviewed. The applicant’s pre-existing childhood medical condition, Wolf-Parkinson-White (WPW) syndrome (a cardiac arrhythmia condition) was successfully ablated (treated) in 1997 (age 12) and he was asymptomatic for 10 years prior to enlistment in 2007. Prior medical condition properly disclosed and documented as required and medically cleared (i.e. met procurement medical standards) for enlistment. During basic training has a single recurrence of symptoms (palpitations, presumed supraventricular tachycardia) similar to prior WPW during a morning physical training session. Subsequent EKG (electrocardiogram) and medical evaluation are unremarkable/normal. Separated for ‘failure to meet’ procurement medical standards (existed prior to service medical condition) found during the first 6 months of service. The applicant’s medical condition was not permanently aggravated by military service. Post-separation from military service until present with no known recurrence of symptoms. In a personal appearance hearing conducted at Arlington, VA on 5 December 2016, and by a 5-0 vote, the Board determined that the characterization was inequitable based on the applicant’s quality of service (exemplary conduct and performance rendering first aid to fellow trainees during a real world medical emergency). Accordingly, the Board voted to grant an upgrade to the characterization of service to Honorable; change the narrative reason to condition, not a disability (AR 635-200, paragraph 3-5a); and change the SPD code to JFV. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Failed Medical to Meet Procurement Medical Fitness Standards / AR 635-200, Paragraph 5-11 / LFW / NA / Uncharacterized b. Date of Discharge: 20 June 2007 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 30 May 2007 (2) EPSBD Findings: The findings of the evaluating physicians indicate the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition(s) existed prior to service. The applicant was diagnosed with Wolff-Parkinson-White Syndrome (WPW). (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 13 June 2007 (4) Separation Decision Date / Characterization: 15 June 2007 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 March 2007 (IADT) / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 22 / Associate’s Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 2 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM (Of note, the applicant’s DD Form 214 does not reflect he was awarded the AAM) g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: EPSB proceedings as described in preceding paragraph 3c(2). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and legal brief with all listed enclosures. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has served gallantly and with distinction in combat theaters of operation and in austere, geographically isolated environments as a government contractor. While on these deployments, he has performed in much the same fashion as he would have as an enlisted Army combat medic. He has earned several more degrees since his discharge. 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 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 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. AR 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. 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. 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests an upgrade of his uncharacterized discharge to honorable and a change to the narrative reason for separation. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The proceedings of the 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. Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service. 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. The applicant contends the narrative reason for the discharge should be changed because he properly disclosed his medical condition upon entrance to the military. However, the applicant was separated under the provisions of Chapter 5, paragraph 5-11, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Failure To Meet Procurement Medical Fitness Standards," and the separation code is "LFW." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that since leaving the Army he has been employed as a government contractor and has deployed on several occasions to austere combat areas. He has been recognized for his efforts and has earned other bachelor’s degrees and a master’s degree. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. The applicant contends that he had good service that included providing medical aid to three trainees, for which he was awarded the AAM. The applicant’s service accomplishments and the quality of his service prior to the reason that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions. b. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 5 December 2016, and by a 5-0 vote, the Board determined that the characterization was inequitable based on the applicant’s quality of service (exemplary conduct and performance rendering first aid to fellow trainees during a real world medical emergency). Accordingly, the Board voted to grant an upgrade to the characterization of service to Honorable; change the narrative reason to condition, not a disability (AR 635-200, paragraph 3-5a); and change the SPD code to JFV. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Condition, Not a Disability d. Change SPD / RE Code to: JFV, AR-635-200, Paragraph 3-9a No Change to RE-Code e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NCO – Noncommissioned Officer 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 NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010648 5