1. Applicant's Name: a. Application Date: 27 July 2017 b. Date Received: 7 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, the discharge was inequitable because the injury occurred during basic training. The officials at Fort Benning told the applicant that this was a preexisting conditions for which the applicant had been cleared upon entry into service. As a child, the applicant had scoliosis, which was corrected through physical therapy. The first doctor, a chiropractor, who diagnosed the applicant, stated that the applicant's left leg was a .25 inch shorter than the right leg causing a slight curvature of the spine. The applicant saw an orthopedic doctor who told the applicant that there was no discrepancy in leg length and after examining the x-rays, the curvature was so minimal that it could not be detected. The orthopedic doctor stated that the chiropractor had misdiagnosed the applicant. The applicant presented to the recruiter with the medical documents clearing the applicant for entry into the Army. The discharge is inequitable and should have been allowed treatment and after recovery, allowed to continue with training. The discharge has prevented the applicant from gaining substantially gainful employment with law enforcement organizations. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate the applicant had an EPTS for lower back pain and did not meet accessions standards. This finding was upheld by the Entrance Physical Standards Board. In summary, based on the available information, the applicant's uncharacterized discharge is appropriate. In a records review conducted at Arlington, VA on 22 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 / RE-3 / Uncharacterized b. Date of Discharge: 18 February 2016 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 27 January 2016 (2) EPSBD Findings: The findings of the evaluating physicians indicate the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. The applicant was diagnosed with: Lower Back Pain. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 17 February 2016 (4) Separation Decision Date / Characterization: undated / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 January 2016 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 29 / Bachelor's Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: EPSBD findings as described in previous paragraph 3c. Physical Profile, dated 27 January 2016, reflects the applicant had the following medical conditions: Lower Back Pain. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; email; Clinical Summary; and, Specialty Clinics of Georgia Orthopaedics treatment summary. 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 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 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 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. Further, 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 or her character of service to be rated as honorable or otherwise. The applicant contends he presented his recruiter with the medical documents clearing him for entry into the Army; and, he should have been allowed treatment and after recovery, allowed to continue with his training. However, 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. Further, the applicant agreed with the medical findings and requested to be discharged without delay. The character of the applicant's discharge is commensurate with his overall service record. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 22 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 AR20170012358 1