1. Applicant's Name: a. Application Date: 16 February 2016 b. Date Received: 19 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, she was discharged with a disability and receives severance pay. She was not discharged for disciplinary reasons. Had she not been hurt, she would not have been discharged. She believes she deserves an upgraded because she did not have any issues regarding her conduct and is deserving of being recognized as a veteran on her different identification cards. Her uncharacterized discharge is not consistent with her time of service, nor is it what she deserves after being disabled serving her country. In a records review conducted at Arlington, VA on 3 May 2017, 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: Disability, Severance Pay / AR 635- 40, Chapter 4-24b (3) / JFL / RE-3 / Uncharacterized b. Date of Discharge: 6 April 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 April 2005 (2) Basis for Separation: The applicant was diagnosed on 14 March 2005, by a Medical Evaluation Board (MEB) with bilateral foot pain - navicular bone stress fracture. The applicant was referred to a Physical Evaluation Board (PEB). On 21 March 2015, the applicant agreed with the MEB's findings and recommendation. On 25 March 2005, the PEB determined the applicant was physically unfit to perform her military duties due to a condition (bilateral foot pain secondary to navicular stress fractures) that occurred in the line of duty and was not due to misconduct. The PEB recommended separation with severance pay On 30 March 2005, having been informed of the finding and recommendation of the PEB, the applicant concurred and waived a formal hearing of her case (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 November 2004 / 4 years, 20 weeks b. Age at Enlistment / Education / GT Score: 23 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 4 months, 28 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: MEB/PEB as described in previous 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 her case separation packet. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. Chapter 4 provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in the line of duty and not due to the Soldier's misconduct. Paragraph 4-24b(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay. The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status. The service of Soldiers in an entry-level status will be uncharacterized. 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 her uncharacterized discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The evidence of record shows the applicant, while in entry-level status was released from active duty for training under the provisions of Chapter 4, AR 635-40, by reason of disability, severance pay, with character of service described as uncharacterized. The proceedings of a Medical Evaluation Board diagnosed the applicant with a medical condition that made her unfit to perform her military duties and referred her to a PEB. A PEB determined that the applicant was physically unfit to perform her military duties due to a condition which occurred in the line of duty and was not due to her own misconduct. The PEB recommended separation with severance pay. The applicant seeks relief contending her discharge should be upgraded based on her discharge was the result of a medical board. The applicant's contention was noted; however, the characterization of service for Soldiers separated under the provision of this regulation is normally honorable, unless the Soldier is in entry-level status. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when separated in entry-level status. Evidence of record shows the applicant entered active duty on 9 November 2004 and was discharged on 6 April 2005. The applicant had completed 4 months and 28 days of continued active service at the time she was released from active duty; thus, she was in entry level status at the time. A general, under honorable conditions discharge is not authorized under ELS conditions and 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. The service record confirms that no such unusual circumstances were present and her service did not warrant an honorable discharge. The applicant contends that an upgrade of her discharge will allow her to be recognized as a veteran on various forms of identification. However, the Board does not grant relief for the purpose of being recognized as a veteran. 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 3 May 2017, 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: 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 AR20160004114 3