1. Applicant's Name: a. Application Date: 12 October 2017 b. Date Received: 31 October 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, believes the grounds for discharge were improper after removing wisdom teeth and placing the applicant on hard drugs that the applicant had never taken before and been under heavy sedation. The applicant had confided in a service member about being bi-sexual and an argument had ensued with them days later and the applicant had gone to a sergeant and told them about maybe being a danger to oneself and other service members. It was then recommended the applicant talk to a counselor. Since high school, joining the military was a dream come true and the fact that they would educate the applicant would set the applicant up for success in the future. But the applicant's sexual orientation, past, and bad time set life back. Not only did the applicant feel as if these were the perfect conditions to serve, the applicant felt something different could have been done to help the applicant stay in the Armed Forces and better serve the country with pride and dignity. Changing the character of service to either honorable or general (under honorable conditions) would significantly change the applicant's life. The applicant would no longer have to depend on a partner, but it would help the applicant become more stable and not be homeless. Even though the applicant lost the dream of serving the country, the applicant is gaining an education and changing the world is the new dream. In a records review conducted at Arlington, VA on 29 May 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: 4 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 January 2014 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 1 month, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and Student Residency Questionnaire. 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 her uncharacterized discharge to honorable or general (under honorable conditions). The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant seeks relief contending that she believes the grounds for her were improper after removing her wisdom teeth and placing her on hard drugs she had never taken before and been under heavy sedation. She contends she had confided in a service member that she was bi- sexual, an argument had ensued with them days later and she had gone to a sergeant and told them that she might be of danger to herself and other service members. It was then recommended she talk to a counselor. Since high school, joining the military was dream come true and the fact that they would educated her would set her up for success in her future. But her sexual orientation, past, and bad time set her whole life back. Not only did she feel she was in perfect conditions to serve, she felt something different could have been done to help her stay in the Armed Forces and better serve her country with pride and dignity. Changing her character of service to either honorable or general (under honorable conditions) would significantly change her life. She contends she would no longer have to depend on a partner, help her to become more stable and not be homeless. Even though she lost her dream of serving her country, she is gaining an education and changing the world is her new dream. The applicant's contentions were noted; however, the applicant's record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. The applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-11, by reason of failure to meet procurement medical fitness standards, with a characterization of service of uncharacterized. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JFW (i.e., failure to meet procurement medical fitness standards), with a reentry eligibility (RE) code of 3. The evidence of records shows the applicant was discharge while in an entry-level status (ELS). A Soldier is in an 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 in an entry level status. A general (under honorable conditions) discharge (GD) discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. It is unknown if the applicant's contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be her responsibility to meet the burden of proof since the discharge packet is not available in the official record. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 29 May 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 AR20170019045 1