1. Applicant's Name: a. Application Date: 1 March 2017 b. Date Received: 10 March 2017 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, that he has a medical waiver from Chicago IL, MPS. While in Basic Training he got heat stroke, the Major in medical did not like his back. The applicant contends he wanted to stay, but the Major did not want him. His curve of the spine was bordering near his bad-side but he [the Major] wanted him gone. He was told he did not think he was [fit for the] Army. He did his best while he was in basic training. He contends he is a law abiding citizen of the USA and wanted to serve his country like his relatives did. He was happy to serve his country and was unhappy because a little curve in his spine made him a high risk and [medical] officers felt he could not serve our country. In a records review conducted at Arlington, VA on 15 June 2018, 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: 22 April 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 April 2003 (2) Basis for Separation: The Entrance Physical Standards Board (EPSBD) Proceedings show the applicant was diagnosed with Thoracic Scoliosis/Lumbar Scoliosis (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 16 April 2003, the applicant concur with the proceedings and requested to be discharge from the US Army without delay. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 April 2003 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 April 2003 / 4 years b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 22 days d. Prior Service / Characterizations: None 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. 6. POST SERVICE ACCOMPLISHMENTS: 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 issues and documents submitted with his application were carefully reviewed. The proceedings of the EPSB revealed the applicant had a medical condition (Thoracic Scoliosis/Lumbar Scoliosis). This 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. The evidence of records shows the applicant was discharge while in an entry-level status (ELS). A Soldier is in an 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 in an entry level status. An honorable discharge (HD) is rarely ever granted. An HD may be given only in cases with are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant seeks relief contending, that he has a medical waiver from Chicago IL, MPS. While in Basic Training he got heat stroke, the Major in medical did not like his back. The applicant contends he wanted to stay, but the Major did not want him. His curve of the spine was bordering near his bad-side but he [the Major] wanted him gone. He was told he did not think he was [fit for the] Army. He did his best while he was in basic training. He contends he is a law abiding citizen of the USA and wanted to serve his country like his relatives did. He was happy to serve his country and was unhappy because a little curve in his spine made him a high risk and [medical] officers felt he could not serve our country. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 character of service to be rated as honorable or otherwise. 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 15 June 2018, 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 Authority to: No Change e. Change SPD / RE Code 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 AR20170004192 1