1. Applicant's Name: a. Application Date: 21 May 2017 b. Date Received: 25 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, the requested changes would allow him to reenlist. His separation was based on false information. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with the behavioral health condition of Major Depressive Disorder. The SM was appropriately discharged due to this behavioral health condition. In a records review conducted at Arlington, VA on 3 October 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 to Meet Procurement Medical Fitness Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 9 March 2016 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSB) convened: 17 February 2016 (2) Findings of the EPSB: The subject findings were that the applicant reported that he was not adjusting well to the BCT environment. He reports his depression symptom have resurfaced since he began BCT, as well as some suicidal thoughts including a plan to sneak live ammo and use his weapon. His current symptoms include depressed mood, insomnia, fatigue, feelings of worthlessness, appetite disturbance and suicidal ideation. The diagnosis was "F33.9 Major Depressive Disorder, recurrent, unspecified (EPTS)." (3) Date Applicant Reviewed and Concurred with the Findings of the EPSB, and Requested to be Discharged without Delay: 1 March 2016 (4) Legal Consultation Date: Waived, 2 March 2016 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 2 March 2016 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 December 2015 / 6 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 11 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statement for being recommended for a Chapter 5, paragraph 5-11 separation; missing physical readiness training; having limitations due to medical profile; failing to obey orders or regulation; not adhering to the Army Seven Core Values; not grasping the Soldiering process; and failing the physical assessment test. DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings, dated 22 February 2016, described at the preceding paragraphs 3c(1)-(6). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None for consideration under National Defense Authorization Act 2017. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 21 May 2017; DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 22 February 2016; and applicant's self-authored statement. 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 honorable and to change the narrative reason for his discharge. 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 EPSBD proceedings, in their findings 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 EPTS condition indicated the applicant reported that he was not adjusting well to the BCT environment, that his depression symptom had resurfaced since he began BCT, as well as some suicidal thoughts including a plan to sneak live ammo and use his weapon, and that his current symptoms included depressed mood, insomnia, fatigue, feelings of worthlessness, appetite disturbance and suicidal ideation. He was diagnosed with "F33.9 Major Depressive Disorder, recurrent, unspecified (EPTS)." Subsequently, the findings were approved by competent medical authority on 22 February 2016, and 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 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 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's contentions that the reason for his separation was based on false information, were carefully considered. 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 and to change the narrative reason for her discharge. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. 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. The applicant desires 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 available 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 is 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 3 October 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 AR20170009481 5