1. Applicant's Name: a. Application Date: 22 May 2018 b. Date Received: 22 May 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of uncharacterized discharge to general (under honorable conditions) or honorable and to change the narrative reason for discharge. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, the request is based on reasons of propriety and equity. The counsel asserts that the medical personnel at Fort Jackson made a significant error of fact that undoubtedly prejudiced the applicant by erroneously diagnosing the applicant with asthma. The applicant never displayed any symptoms of asthma prior to enlistment. Since discharge, the applicant has undergone battery of tests with various medical professionals to confirm that applicant does not have asthma. The applicant has unquestionably been victimized by the material injustice of erroneous diagnosis. The applicant's discharge based on summarily and haphazardly diagnosis has deprived the applicant of the opportunity to follow the footsteps of the applicant's father who served his country. The erroneous and unjust light of the applicant's discharge prevents the possibility of reenlisting in the military. The applicant has also been stigmatized by the uncharacterized discharge that raised questions on the applicant's physical, mental, and psychological health. In a records review conducted at Arlington, VA on 15 July 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: 18 November 2015 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 29 October 2015 (2) EPSBD Findings: After careful considerations of medical records, laboratory, findings, and medical examinations, the board found the applicant was medically unfit for enlistment according to current medical fitness standards and that in the opinion of the evaluating physicians the following medical condition(s) existed prior to service. The applicant, at 19 years of age, had difficulty with basic training activities within three weeks of his arrival and was using albuterol. The physical examination of his pulmonary function test results were consistent with a moderate obstructive component with good response from bronchodilation, and the diagnosis was "[m]oderate persistent asthma, uncompleted." Recommendations: Based on the medical condition that existed prior to service, it was recommended that the applicant be separated for failure to meet medical procurement standards according to AR 40-501, paragraph 2-23d. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 6 November 2015 (4) Separation Decision Date / Characterization: 10 November 2015 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 October 2015 / 3 years, 29 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 1 month, 13 days d. Prior Service / Characterizations: None / 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 22 February 2018, 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 15 April 2016, with counsel-authored brief and attachments identified as Exhibit 1 (DD Form 214); Exhibit 2 (EPSBD Proceedings); Exhibit 3 (FLAG); Exhibit 4 (Medical Record Report Criteria from 16 September 1996 to 16 November 2017); Exhibit 5 (Mayo Clinic website on medical information); Exhibit 6 (Allergy & Asthma clinic evaluation); Exhibit 7 (Pulmonary Group evaluation); Exhibit 8 (Primary Care Doctor review); and Exhibit 9 (applicant's father statement). 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 and to change the narrative reason and its corresponding codes for his discharge. 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 a discharge due to his EPTS (existed prior to service) 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, and requested to be discharged from the US Army without delay. 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 29 October 2015, and discharged on 18 November 2015, 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 the Army medical personnel made a significant error of fact that undoubtedly prejudiced the applicant by erroneously diagnosing him with asthma, while he never displayed any symptoms of asthma prior to his enlistment, and since his discharge, he has undergone battery of tests with various medical professionals that confirm he does not have asthma. . 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. The applicant requests to change the reason for his separation; however, the narrative reason for his 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. Insofar as the applicant's desire to rejoin the Military Service, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 15 July 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 AR20180006957 1