1. Applicant's Name: a. Application Date: 3 May 2017 b. Date Received: 8 May 2017 c. Representative: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, he was completely transparent about his medical condition-he received, at least, three waivers allowing him to enlist. He is currently seeking employment with a police department; however, his uncharacterized discharge may reflect negatively and prevent him from pursuing that opportunity. His medical condition has since been successfully resolved and he is considering reenlistment in the military. In a records review conducted at Arlington, VA on 5 September 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: 7 August 2014 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSB) convened: 12 July 2014 (2) Findings of the EPSB: The findings, based on a chief complaint of "Right knee pain with patellar dislocation," indicate the applicant was diagnosed with "Recent right patellar dislocation with a medical history of the same condition," a medical condition that existed prior to service, and although the condition "was detected at the time of enlistment date," he "signed [a] waiver to enlist in the military." (3) Date Applicant Reviewed and Concurred with the Findings of the EPSB, and Requested to be Discharged without Delay: 4 August 2014 (4) Legal Consultation Date: NIF (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 6 August 2014 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 May 2014 / Pursuant to Section IV (Service Obligation) of his "Certificate and Acknowledgment" of the USAR "Service Requirements and Methods of Fulfillment," dated 7 April 2014, and Orders 4147008, dated 8 May 2014, indicating a training period of approximately 19 weeks for OSUT or until completion. b. Age at Enlistment / Education / GT Score: 22 / Associate in Arts / 123 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / d. Prior Service / Characterizations: USAR (7 April 2014 to 26 May 2014) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 12 July 2014, described at the preceding paragraphs 3c(1)-(3). Report of Medical History, dated 9 October 2013, indicates the applicant and examiner noted "Right knee dislocation" and "arthrescopy right knee," and right knee surgery. Counseling statements for entry level status counseling for right patellar dislocation, a medical condition that existed prior to his enlistment (EPTS), for which he obtained a waiver prior and as a condition for his enlistment; receiving medical treatment for the knee as a complaint that the injury reoccurred; medical personnel attempting to rehabilitate the knee and returning him to duty provided negative results; being assessed that had he had known that he would suffer from the knee complications by MEPS, he would not have qualified for entry in the Army; being recommended for an EPTS separation; and resulting telephonic conversation between an orthopedic surgeon and the commander concerning knee injury and EPTS case. Physical Profile, dated 12 July 2014, indicates the applicant received a temporary profile for a medical condition of "Recent right patellar dislocation with a past medical history of same condition," with recommendation to release from all training activities while awaiting medical separation proceedings, and to use his crutches as needed. 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 3 May 2017, with a cover letter rendered by a Veterans Service Bureau; DD Form 214; applicant-authored statement; Report of Medical Examination; Report of Medical History; Clinical Record, dated 18 March 2014; Medical Prescreen of Medical History Report; EPSBD Proceedings; page 1 of three separate counseling statements, dated 15 July 2014, and 22 July 2014; memorandum for record, dated 4 August 2014; page 4 of DD Rom 1966 (Record of Military Processing); and healthcare doctor's letter, dated 24 January 2014. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): 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 his uncharacterized discharge to general (under honorable conditions) or honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's Entrance Physical Standards Board (EPSBD) Proceedings confirms that the findings in the proceedings revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. The history of medical condition indicates that it existed prior to his enlistment, but that the applicant signed a waiver which allowed his enlistment. However, while in One Station Unit Training (OSUT), an MRI taken on 29 July 2014, showed no new damage resulting from his knee injury on 12 June 2014, and that the applicant's medical condition would require an elective reconstructive surgery in order to fix the condition that existed prior to service. The medical authority indicated that "continued service, or attempted future service, could result in incidents that [would] ultimately result in the Army being responsible for the damaged knee." Subsequently, these findings were approved by competent medical authority. On 4 August 2014, the applicant agreed with these findings and the proposed action for administrative separation from the Army. The available record further confirms the applicant was in an entry level status at the time of his 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 his separation is initiated while he 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 his 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 the discharge was unjust because he was completely transparent about his medical condition; wherein, he received, at least, three waivers allowing for his enlistment. 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge. The applicant contends that a change to his uncharacterized discharge would allow him to obtain an employment with a police department. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant expressed a desire to rejoin the Military Service. However, 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. 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's uncharacterized discharge commensurate with his overall service record while in an ELS status. 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 5 September 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 AR20170007868 1