1. Applicant's Name: a. Application Date: 16 November 2017 b. Date Received: 16 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, was discharged for injuries sustained in basic training, and not for misconduct. The applicant's spouse is a VA employee. The applicant attempted to use a 10-point veterans' preference but was denied because of the character of service. The applicant was told by the HR office that the character of service had to be changed to Honorable before the applicant could use the 10-point preference. The applicant is rated by the VA at 100 percent permanent and total disabled. The uncharacterized service has caused the applicant and spouse an injustice. The service was honorable as the applicant was discharged for medical reasons. (Note the applicant included Department of Veterans' Affairs letters that indicate honorable character of service.) In a records review conducted at Arlington, VA on 4 March 2020, 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: 1 August 2008 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 25 July 2008 (2) EPSBD Findings: The 37-year-old applicant enlisted on 2 July 2008, for 88M with previous medical history. On his first day of reception, he hurt his knee just carrying his bag up and down the stairs with twisting of his knee. His knee pain is constant 5/10 with exacerbations to 10/10. He uses crutches and cannot function. His past history of knee problems include his right knee surgery for a complete torn ACL requiring patella and tendon segments for repair along with two screws. He cannot wear gear, cannot carry gear, cannot walk without crutches, cannot run, and cannot train per Army standards. He had discussed his medical issue with the Recruiting Sergeant, but was passed through. Primary surgical history is right knee surgery - first in 1993 with two screws and repair of the ACL with patellar and tendon. Second surgery scope at an Ortho Center was for cleaning out the meniscus. He has permanent disability in Virginia. Radiology of right knee findings - the applicant is status post ACL repair with fixation screws in the distal femur and proximal tibia; Osteoarthritic changes about the knee joint were noted and small joint effusion likely. As to accessory ossification center near the inferior patellar pole, no evidence of acute fracture. Functional Status: The applicant with right pain status post right knee surgery with two screws and patellar tendon replacement of the ACL, and he had second surgery for meniscal damage. The diagnosis is Right knee ACL tear with repair - two screws retained. It was recommended that the applicant meet a medical board for separation. It was determined that he did not meet medical fitness standards for enlistment or induction according to AR 40-501, Chapter 2, and that his medical condition existed prior to term of service, service aggravated, and waiver was not recommended. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 29 July 2008 (4) Separation Decision Date / Characterization: 29 July 2008 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 July 2008 / 8-year MSO (USAR) b. Age at Enlistment / Education / GT Score: 37 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 1 month, 23 days d. Prior Service / Characterizations: USAR (21 November 2002 to 31 January 2003) / NIF USAR (23 October 2003 to 6 January 2004) / NA IADT (7 January 2004 to 6 May 2004) / NIF (UNC?) (The applicant's previous history of prior service are not completely documented.) 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 25 July 2008, described at the preceding paragraphs 3c(1)-(4). 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 16 November 2017, and three VA letters, dated 27 July 2017. 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 his uncharacterized discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record contains an Entrance Physical Standards Board (EPSBD) Proceedings. The EPSBD proceedings revealed the applicant had a medical condition which was disqualifying for enlistment and existed prior to entry on active duty. Upon the board's determination that the applicant was not fit for duty, it recommended the applicant for an EPTS discharge due to his EPTS medical condition that inhibited his ability to perform his duties and complete training; thereby, failing to meet medical procurement standards, according to AR 40-501, Chapter 2. The findings were then approved by competent medical authority and the applicant agreed with the findings and proposed action for an immediate administrative separation from the Army. Thus, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. A 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 his separation is initiated while the Soldier 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 service record contains no such unusual circumstances and his service did not warrant an honorable discharge. The available record further confirms the applicant was in an entry level status at the time his separation proceedings was initiated, on 25 July 2008, and discharged on 1 August 2008, with service as an uncharacterized. 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 his service was honorable and his discharge was due to medical reasons resulting from injuries sustained in 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. Although the applicant's documentary evidence, Veterans Affairs letters indicating an honorable character of service, the applicant's separation was in accordance with Army Regulation 635- 200, paragraph 5-11; thereby, appropriately documented by her DD Form 214, and not according to the Department of Veterans Affairs regulations. 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 his service record while in an entry-level-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 4 March 2020, 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 AR20180002969 1