1. Applicant's Name: a. Application Date: 30 August 2017 b. Date Received: 7 September 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: 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, the medical records used to discharge the applicant are dated during the time of service. Improper techniques used to care for a pregnancy that resulted in miscarriage. The applicant was under duress and medication influence during the signing of medical and legal forms. The laparoscopy taken after discharge clears the applicant of any disqualifying results. In a records review conducted at Arlington, VA on 3 April 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 to Meet Procurement Medical Fitness Standards / AR 635-200, Paragraph 5-11 / LFW / RE-3 / Uncharacterized b. Date of Discharge: 2 April 2016 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSB) convened: 3 March 2016 (2) Findings of the EPSB: The narrative summary, in pertinent part, indicates that on 3 March 2016, the applicant was diagnosed with "Chronic pelvic pain (R10.30)." Upon determining that the applicant did not meet retention standards according to AR 40-501, Chapter 2, that due to her past medical history along with current symptoms of pelvic pain, and that it would impact the successful completion of military training, she was recommended for separation from military service according to AR 635-200, paragraph 5-11, for the medical condition that Existed Prior to Service (EPTS). Previous medical records from Dr. L (gynecology) in Florida "showed multiple office visits for dysmenorrhea and pelvic pain from May 2012 to present," and the "last note suggest[ed] diagnosis of endometriosis." Further, the applicant "did not tell the recruiter about her chronic past medical history because he did not ask," but thought she "could push through the pain, but could not." The history of determining the EPTS condition began when the applicant complained of lower abdominal pain. On 30 November 2015, no intrauterine pregnancy or ectopic was identified, and on 7 December 2015, "repeated pelvic US was negative." On 8 December 2015, she described "0/10 pelvic pain at rest that [would] increase to 7/10 with certain activity." (3) Date Applicant Reviewed and Concurred with the Findings of the EPSB, and Requested to be Discharged without Delay: 11 March 2016 (4) Legal Consultation Date: Waived, 11 March 2016 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 14 March 2016/ Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 November 2015 / No specified period of initial active duty for training (IADT) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 5 months, 11 days d. Prior Service / Characterizations: USAR (22 October 2015 to 22 November 2015) / 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 5 October 2016, 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: Online application. 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 her uncharacterized discharge to honorable and to change the narrative reason for her discharge. The applicant's available record of service and the issues submitted with her 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 3 March 2016, the applicant was diagnosed with "Chronic pelvic pain (R10.30)." Upon determining that the applicant did not meet retention standards according to AR 40-501, Chapter 2, that due to her past medical history along with current symptoms of pelvic pain, and that it would impact the successful completion of military training, she was recommended for separation from military service according to AR 635-200, paragraph 5-11, for the medical condition that Existed Prior to Service (EPTS). Previous medical records from Dr. L (gynecology) in Florida "showed multiple office visits for dysmenorrhea and pelvic pain from May 2012 to present," and the "last note suggest[ed] diagnosis of endometriosis." . Subsequently, the findings were approved by competent medical authority on 8 March 2016, and the applicant agreed with these findings and requested for immediate administrative separation from the Army. The available record further confirms the applicant was in an entry level status at the time of her 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 her 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 the medical records used to discharge her are dated during the time of her service; improper techniques used to care for her pregnancy resulted in miscarriage; she was under duress and medication influence during the signing of medical and legal forms; and the laparoscopy taken after her discharge clears her of any disqualifying results. 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 her issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she 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 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 her separation; however, the narrative reason for her 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 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 her 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 April 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 AR20170013505 1