1. Applicant's Name: a. Application Date: 22 April 2016 b. Date Received: 29 April 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable and to change the narrative reason for her discharge. The applicant seeks relief contending, in pertinent part and in effect, her diagnosis at basic training was "Chronic Low Back pain with Associated LevoScoliosis of Thoracolumbar Spine." She asserts that her previous medical information shows that she did not have that issue prior to entering basic training. She informed the doctor at the basic training clinic that she consulted with a chiropractor on 13 July 2010, due to her pregnancy, and that her obstetrician recommended to seek help with hip pressure and child birth. The previous x-ray showed no sign of any curvature. Since her discharge, she consulted with a local chiropractor, who found that she was not only misdiagnosed, but that she did not have any issues prior to 13 July 2010. The diagnosis of her chiropractor is attached. She did not have any issues at her MEPS physical. In a records review conducted at Arlington, VA on 23 June 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: Failed Medical/Physical/Procurement Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 29 July 2015 c. Separation Facts: NIF, but according to the applicant's documentary evidence of the first page of Entrance Physical Standards Board (EPSBD) Proceedings, dated 18 May 2015. (1) Date Entrance Physical Standards Board (EPSBD) convened: 2 June 2015 (2) EPSBD Findings: A diagnosis of "Chronic Low Back pain with Associated LevoScoliosis of ThoracoLumbar Spine," and that the medical condition existed prior to service. The Board recommended that the applicant be immediately removed from training and physical training, and that she should be expeditiously separated from active duty according to AR 635- 200, Paragraph 5-11, and AR 40-501, Paragraph 1-29 and C4. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: NIF (4) Legal Consultation Date: NIF (5) Separation Decision Date / Characterization: NIF / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 May 2015 / Pursuant to IADT Orders, dated 14 April 2015, for a period of 10 weeks for basic training and 17 weeks for MOS training, or until complete b. Age at Enlistment / Education / GT Score: 21 / 14 years / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 2 months, 20 days d. Prior Service / Characterizations: ARNG (26 November 2014 to 9 May 2015) / NA Continuous Service e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders, dated 28 July 2015 i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 22 April 2016; DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 19 June 2015; and Radiographic Report, dated 9 September 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 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. It identifies the SPD code of "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, Paragraph 5-11, "Failed Medical/Physical/Procurement Standards." The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFW" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the facts and circumstances that led to her discharge from the Army; however, the first page of her documentary evidence, the Entrance Physical Standards Board (EPSBD) Proceedings, dated 18 May 2015, shows that she had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, the second page of this document that is not available, would have shown, that the findings had been approved by a competent medical authority. Although the complete record of EPSBD proceedings is not available, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. The DD Form 214 indicates she was discharged under the provisions of AR 635-200, paragraph 5-11, for failed medical/physical/procurement standards with an uncharacterized service. The DD Form 214 shows a Separation Program Designator (SPD) code of JFW and a reentry (RE) code of 3. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The available record further confirms the applicant was in an entry level status at the time of her separation proceedings. 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 her separation is initiated while she is in entry level status. 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 applicant's available service record contains no such unusual circumstances and her service did not warrant an honorable discharge. Further, 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 that her discharge was unjust because her previous medical information does not show she had a pre-existing medical issue. However, 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 her issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that she may have been unjustly discharged. The applicant requests to change the reason for her separation; however, the narrative reason for her separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 5, paragraph 5-11 is "Failed Medical/Physical/Procurement Standards," and the separation code is JFW. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Based on the available record, 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 23 June 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160009012 3