1. Applicant's Name: a. Application Date: 20 September 2017 b. Date Received: 28 September 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 her for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, when she was discharged, she was on crutches with multiple lower extremity stress fractures and an injury to her back. The doctor who was treating her would not release her based on what was actually wrong with her. Instead, he determined that she had asthma, a medical condition she never had any history of and records show that an inhaler did not help. Her breathing problem was due to falling on her back while in the military. 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) indicate the SM was appropriately discharged. Statement of Medical Examination and Duty Status, dated in May 2003, indicates the applicant, while participating in BCT, had "developed multiple lower extremity stress fractures," and that the injury was considered to have occurred in line of duty. In summary, it appears SM was appropriately discharged as Uncharacterized for Failing to Meet Procurement Medical Fitness Standards. In a records review conducted at Arlington, VA on 26 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 to Meet Procurement Medical Fitness Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 21 July 2003 c. Separation Facts: (NIF; however, according to the applicant's documentary evidence) (1) Date Entrance Physical Standards Board (EPSB) convened: 1 July 2003 (2) Findings of the EPSB: The applicant with history of shortness of breath, chest pain, and supraventricular tachycardia, had an incident for which she was treated with no further incidence. The subject findings were that she complained of shortness of breath, chest pain aggravated with heat or exercise and being unable to sleep was secondary to shortness of breath, and Albuterol provided no benefit. The objective findings were that she had "no acute distress, pulse and oxygen at 98-99 percent, lungs-clear to auscultation, no wheezing, cardiovascular-rate, rhythm, respiration, no murmur." The lab and x-ray results were that her chest x-ray was normal, spirometry as "mild obstructive disorder with minimal response to Albuterol, methacholine challenge, revealed 21 percent decline in FEV, no UA, CBC, Chem. EKG-within normal limits." The diagnosis was "Asthma." (3) Date Applicant Reviewed and Concurred with the Findings of the EPSB, and Requested to be Discharged without Delay: 3 July 2003 (4) Legal Consultation Date: NIF (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 14 July 2003 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 February 2003 / Pursuant to IADT Orders (NIF) b. Age at Enlistment / Education / GT Score: 19 / HS School / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 6 months, 7 days (of which, 4 months and 27 days are active service) d. Prior Service / Characterizations: USAR (14 January 2003 to 24 February 2003) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Statement of Medical Examination and Duty Status, dated in May 2003, indicates the applicant, while participating in BCT, had "developed multiple lower extremity stress fractures," and that the injury was considered to have occurred in line of duty. Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), 20 September 2017; Entrance Physical Standards Board (EPSBD) Proceeding, dated 14 July 2003; two USAR and National Guard Liaison Counseling Forms, dated 14 July 2003, and 1 May 2003; VA letter, dated 20 September 2017; Screening Notes of Acute Medical Care, dated 31 March 2003, 13 May 2003; Reports of Medical Examination and History, dated 14 January 2003; Statement of Medical Examination and Duty Status, dated 5 May 2003; Screening Notes of Acute Medical Care, dated 25 and 27 March 2003, 19, 21, and 26 April 2003, 25 June 2003; Performance Counseling Records, dated 19 April 2003; BCT Soldier in Training Performance Record; Sick Slips, dated 26 April 2003, 13 May 2003, 23 June 2003; PTRP Cover Sheet, dated 28 April 2003; New Start Feedback Sheet, dated 28 April 2003; Radiologic Examination Reports, dated 24 and 28 April 2003, 25 June 2003, 21 July 2003; Medical Records, dated 29 April 2003, 9 May 2003, 25, 28, and 30 June 2003, 9 and 16 July 2003; PTRP Profiles and appointment slip, dated 9 May 2003, 23 June 2003, 9 July 2003; and Patient Lab Inquiry, (Print) dated 21 July 2003. 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 her uncharacterized discharge to honorable and to change the narrative reason for her discharge. The applicant's available record of service, and the issues and document submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the Entrance Physical Standards Board (EPSBD) Proceedings provided by the applicant reflect the findings that revealed the medical condition which disqualified the applicant's enlistment and that the condition existed prior to her enlistment. The EPSBD indicates the applicant had an EPTS medical condition of Asthma. The record further contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, paragraph 5-11, for "Failure to Meet Procurement Medical Fitness Standards" with an uncharacterized service. The DD Form 214 shows a Separation Program Designator (SPD) code of JFW and a reentry (RE) code of 3. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, 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 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 her service did not warrant an honorable discharge. 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 that a change to her uncharacterized discharge would allow her 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 contends the discharge was unjust because it was based on her doctor determining she had asthma, a medical condition she never had any history of and records show that an inhaler did not help, while her breathing problem was due to falling on her back while in the military. 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 sufficient evidence to support the contention that she 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 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. Based on the available record, 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 26 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 AR20170018662 1