1. Applicant's Name: a. Application Date: 21 March 2017 b. Date Received: 23 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the uncharacterized discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was discharged due to an injury that happened while on active duty. The VA granted him a service connected rating with an evaluation of 20 percent disabling. The VA told him that the way his case was handled was wrong and they were just trying to get him out expeditiously rather than looking out for his best interest. Since the VA rating he was told his DD Form 214 was incorrect should be corrected to read honorable and the reason as service connected disability. His DD Form 214 prevents him from receiving all the benefits he is entitled to. In a records review conducted at Arlington, VA on 29 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 / Chapter 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 28 September 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 30 August 2016 (2) Basis for Separation: The applicant was informed of the following reasons: (3) Recommended Characterization: The Entrance Physical Standards Board (EPSBD) Proceedings revealed that the applicant was diagnosed with left shoulder pain / dislocation (recurrent). He was placed on a temporary profile recommending his removal from training activities while pending separation action. (4) Legal Consultation Date: 1 September 2016, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 September 2016 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 August 2016 / IADT / 21 weeks b. Age at Enlistment / Education / GT Score: 21 years / 3 years of college / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 7 months, 18 days d. Prior Service / Characterizations: USAR, 11 February 2016 to 14 August 2016 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements and being recommended for separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; VA proof of service; VA Compensation letter; DD Form 214; VA Rating Decision (three pages); VA Veteran's preference letter; marriage license (two pages); and online application signature page. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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 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. 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 AR 635-200, Chapter 5, paragraph 5-11, for 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 the uncharacterized discharge to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The proceedings of the EPSBD 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 her 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 requests a change to the narrative reason for separation; and since the VA rating he was told his DD Form 214 was incorrect should be corrected to read honorable and the reason as service connected disability. 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 AR 635-200, Chapter 5, paragraph 5-11, for failed medical / physical / procurement standards. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he was discharged due to an injury that happened while on active duty. However, the EPSBD proceedings found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. The applicant further contends, the VA granted him a service connected rating with an evaluation of 20 percent disabling. The applicant submitted a VA rating decision, which shows that he had a service connection for left shoulder rotator cuff tear with distal excision with scar; he was granted an evaluation of 20 percent effective 29 September 2016. The applicant also contends, the VA told him that his case was handled was wrong and they were just trying to get him out expeditiously rather than looking out for his best interest. 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 applicant additionally contends, his DD Form 214 prevents him from receiving all the benefits he is entitled to receive. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 29 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 AR20170004266 1