1. Applicant's Name: a. Application Date: 26 February 2018 b. Date Received: 5 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from uncharacterized to general (under honorable conditions). The applicant seeks relief contending, in effect, was discharged for a neck injury five weeks into training. The applicant alleges that a specialist at a civilian medical facility opined that the injury was recent and was given veteran status with benefits. The uncharacterized discharge was something the applicant could not control and should not be punished for it. The applicant was awarded a 50 percent disabled rating by the VA. 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 no behavioral health visits or conditions while active duty. The applicant, through a civilian facility, identified a herniated disc, which existed prior to term of service (EPTS). Post-service the applicant had a behavioral health C&P exam in 2013 and was diagnosed with Major Depressive Disorder related to the chronic pain and loss of capabilities and personality factors. The applicant is 50% service-connected for Major Depressive Disorder through the VA. In summary, the applicant's injury was determined to have existed prior to service and is therefore the discharge was medically proper. In a records review conducted at Arlington, VA on 23 January 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 / Chapter 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 26 April 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 28 March 2011 (2) Basis for Separation: The Entrance Physical Standards Board (EPSBD) Proceedings revealed that the applicant was diagnosed with herniated nucleus pulposus, C-5-C6, symptomatic. It was recommended that the applicant be separated from military service. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: NIF, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 April 2011 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 February 2011 / 26 weeks / OAD b. Age at Enlistment / Education / GT Score: 25 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 5 months, 19 days d. Prior Service / Characterizations: USAR, 11 February 2011 to 14 February 2011 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages) and a DD Form 214. 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 a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the 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. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions. AR 635-200 states 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 the characterization of service from uncharacterized to general (under honorable conditions). The applicant's record of service, the issues and document submitted with his application were carefully reviewed. The proceedings of the EPSBD 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. 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 (ELS). A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions. The applicant seeks relief contending, he was discharged for a neck injury five weeks into training. The record of evidence revealed that the applicant was diagnosed with herniated nucleus pulposus, C-5-C6, symptomatic. The proceedings of the EPSBD determined that the applicant had a medical condition which was disqualifying for enlistment and existed prior to entry on active duty. The applicant agreed with the findings and requested to be discharged from the US Army without delay. The applicant further contends, that a specialist at a civilian medical facility opined that the injury was recent and he was given veteran status with benefits. 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 this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant also contends, his uncharacterized discharge was something he could not control and should not be punished for it. 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 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 23 January 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 AR20180006560 1