1. Applicant's Name: a. Application Date: 10 July 2017 b. Date Received: 12 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board would consider the applicant for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of an uncharacterized discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, is eager to serve the country. The applicant would like the records reviewed and issued a new DD Form 214 to allow the applicant to enlist and serve. When the applicant was injured in basic training, the answers to the questions asked may have been misconstrued. The applicant was never treated or diagnosed with the injury prior to basic training. In a records review conducted at Arlington, VA on 6 March 2019, 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 / NA / Uncharacterized b. Date of Discharge: 28 March 2013 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSB) convened: 5 March 2013 (2) Findings of the EPSB: The narrative summary, in pertinent part, indicates that on 26 February 2013, the applicant, during the sixth week of his enlistment training of BCT/ITB, was identified as having an EPTS (existed prior to service) condition. He was diagnosed with "Hydrocele of the Male Genital Organs (603.9)." The subjective findings were that he had "presented with left testicular pain for approximately two months prior to coming into basic training. He had been to the emergency room for intermittent care due to the pain. He became symptomatic while in week two of training. Upon engagement in strenuous physical activity, Soldier complained of pain to left male genital symptoms. He had been given profiles, scrotal support and NSAIDS for pain relief." He was recommended for an Existed Prior to Service (EPTS) discharge for the medical condition. (3) Date Applicant Reviewed and Concurred with the Findings of the EPSB, and Requested to be Discharged without Delay: 13 March 2013 (4) Legal Consultation Date: NIF (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: Undated / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 January 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Letter / 102 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 14 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings, dated 5 March 2013, described at the preceding paragraphs 3c(1)-(6). 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 10 July 2017; Report of Medical Assessment, dated 26 February 2013; RA Applicant Data Report, dated 24 August 2012; and DD Form 214. 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed, in pertinent part, by DoDI 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Accordingly, 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 submitted with his application were carefully reviewed. The applicant's record consisting of an Entrance Physical Standards Board (EPSBD) Proceedings confirms that the EPSBD, 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 (existed prior to service) condition indicates that on 26 February 2013, the applicant, during the sixth week of his enlistment training of BCT/ITB, was identified as having an EPTS condition. He was diagnosed with "Hydrocele of the Male Genital Organs (603.9)." The subjective findings were that he had "presented with left testicular pain for approximately two months prior to coming into basic training. He had been to the emergency room for intermittent care due to the pain. He became symptomatic while in week two of training. Upon engagement in strenuous physical activity, Soldier complained of pain to left male genital symptoms. He had been given profiles, scrotal support and NSAIDS for pain relief." Upon determining he did not meet entrance requirements in accordance with AR 40-501, chapter 2- 32i, and that he had a previous condition that would inhibit his ability to perform his duties and complete training, he was recommended for an Existed Prior to Service (EPTS) discharge for his inability to continue training at that point. Subsequently, the findings were approved by a competent medical authority on 11 March 2013, 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 are 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 his discharge was unjust because when he was injured in basic training, his answers to the questions asked may have been misconstrued, and that he was never treated for or diagnosed with the injury prior to basic training. 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 was 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 his discharge. The applicant requests to change the reason for his separation to allow him to reenlist in the Military Service; 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. Further, 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 6 March 2019, 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 AR20170011174 1