1. APPLICANT’S NAME: a. Application Date: 27 July 2015 b. Date Received: 29 July 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant states, in effect, he does not consider his current characterization of service an accurate depiction of his service. His uncharacterized discharge nearly eliminates his ability to obtain employment by federal and state government agencies and in the private sector. Had he been given adequate healing time he would have completed basic training and been an asset to the Army. He believes the cause of his feet issues were not physical defect but rather external factors. In a personal appearance hearing conducted at Arlington, VA on 21 March 2016, and by 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: Failure To Meet Procurement Medical Fitness Standards / AR 635-200 / Chapter 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 25 September 2000 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 December 2000 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; the applicant submitted the Physical Standards Board (EPSBD) Proceedings with his application, which indicates he was diagnosed with an equinus deformity which was a contributing factor to the stress fracture (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 25 September 2000 / Uncharacterized Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 June 2000 / 4 years b. Age at Enlistment/Education/GT Score: 22 years / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: PVT / E-1 / None / 3 months and 4 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: Physical Standards Board (EPSBD) Proceedings, dated 9 December 2000, which indicates he was diagnosed with an equinus deformity which was the contributing factor to the stress fracture. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement (two pages); letter, Florida Foot Care Associates, P.A; foot exam, Rose Radiology-East Pasco; letter, Ridge Manor Family Medicine; Report of Medical History (two pages); DD Form 2246 (Applicant Medical Prescreening Form); Report of Medical Examination (two pages); DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings (two pages); DA Form 3349 (Physical Profile); and a Medical Record/Referral (eight pages). 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 ISSUE(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant’s available record of service, the issues and documents 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, he does not consider his current characterization of service an accurate depiction of his service. 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 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 further contends, his uncharacterized discharge nearly eliminates his ability to obtain employment by federal and state government agencies and in the private sector. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant also contends, had he been given adequate healing time he would have completed basic training and been an asset to the Army. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. The applicant additionally contends, he believes the cause of his feet issues were not physical defect but rather external factors. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention he was misdiagnosed. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted no additional documents or contentions. In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge 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 IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150012851 1