1. Applicant's Name: a. Application Date: 16 June 2016 b. Date Received: 21 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of being able to put himself in the proper position to qualify for OCS/ROTC with the Army National Guard. The applicant contends when he was separated from the USAR in 2004 his Senior Drill sergeant DS A. explained that the idea behind the configuration of his DD Form 214 was so he would be able to go and get better and then reenlist. He indicated that it was as if he never enlisted in the Army. He contends he is now quite physically fit but is unable to reenlist due to the configuration of his DD form 214. He now has an incredibly small window of time left to qualify for a commission due to his age. He is currently enlisted with the Army element of the California State Military Reserve serving as a Religious Affairs Specialist (E-4/SPC) in the Chaplain Corps. He had to meet health standards and pass an extensive background check to enlist. The CSMR conducts itself according to army standards and regulation as it is there mission to augment the California Army Nation Guard. In addition he has attained a Bachelor's degree and is currently working on a Master's degree as well. He is an IT Consultant with 19 years of experience in the IT industry. In a records review conducted at Arlington, VA on 23 August 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 Standard / AR 635-200, paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 4 May 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 March 2004 / 8 years b. Age at Enlistment / Education / GT Score: 18 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 27 days d. Prior Service / Characterizations: USAR, 17 March 2004 to 7 April 2004 / UNC (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; state of California Office of the Adjutant General, dated 14 June 2016; letter from S.R., PHD, Clinical Psychologist, dated 2 September 2016; letter from M.R. DC, dated 13 June 2016 reference the applicant's physical condition; certificate from Concordia University for Bachelor of Arts degree; certificate of enrollment to Regent University; documents from the Honorable Dana Rohrabacher, House of Representative , and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends he is currently enlisted with the Army element of the California State Military Reserve serving as a Religious Affairs Specialist (E-4/SPC) in the Chaplain Corps. In addition he has attained a Bachelor's degree and is currently working on a Master's degree as well. He is an IT Consultant with 19 years of experience in the IT industry. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's available record of service, the documents and the issues submitted with the application were carefully reviewed. The applicant seeks relief contending, he would like an upgrade of his discharge for the purpose of being able to put himself in the proper position to qualify for OCS/ROTC with the Army National Guard. The applicant contends when he was separated from the USAR in 2004 his Senior Drill sergeant DS A. explained that the idea behind the configuration of his DD Form 214 was so he would be able to go and get better and then reenlist. He indicated that it was as if he never enlisted in the Army. He contends he is now quite physically fit but is unable to reenlist due to the configuration of his DD form 214. He now has an incredibly small window of time left to qualify for a commission due to his age. He is currently enlisted with the Army element of the California State Military Reserve serving as a Religious Affairs Specialist (E-4/SPC) in the Chaplain Corps. The DD Form 214 reflects the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards with service uncharacterized. In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSB) would have revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, competent medical authority would have had to approve the findings of the EPSB. The applicant would have had to agree with the findings and the 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. 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 service record contains no such unusual circumstances. All requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. Also, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official 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 August 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 AR20160011431 1