1. Applicant's Name: a. Application Date: 2 May 2018 b. Date Received: 7 May 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 at the end of initial training. The applicant served honorably in the Army National Guard and on active duty for training. The applicant never missed any training weekend with the Army National Guard unit. The applicant was present for every formation while on active duty and did the best to meet the US Army standards. The applicant was never punished, nor did the applicant have any infractions of any rules or regulations. 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 diagnoses of Adjustment Disorder with mixed anxiety and depressed mood, Pervasive Developmental Disorder, and Autism Spectrum Scale. The applicant does not have any VA records. In summary, the applicant's discharge was appropriate. In a records review conducted at Arlington, VA on 31 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: 19 March 2018 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSB) convened: NIF, evidence shows it convened prior to 13 March 2018 (2) Findings of the EPSB: Although the first/front page of the EPSB proceedings is not available, a mental status evaluation, dated 23 February 2018, indicates a behavioral health diagnoses of an "Adjustment Disorder w/depressive symptoms," and that the symptoms or behavioral problems existed prior to enlistment and did not simply represent maladjustment to the military. The applicant was discharged from a hospital, upon being cleared for behavioral health outpatient treatment, and with a recommendation for fitness for duty evaluation. (3) Date Applicant Reviewed and Disagreed with the Findings of the EPSB, and Requested Reconsideration: 14 March 2018 (4) Legal Consultation Date: NIF (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 15 March 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 September 2017 / Approximately 10 weeks for basic training and 11 weeks of MOS training, or until complete (pursuant to Orders 7263001, dated 12 August 2017, rendered by a Military Entrance Processing Station) b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 11 months, 3 days d. Prior Service / Characterizations: ARNG (7 April 2017 to 19 September 2017) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 23 February 2018, indicates a "BH diagnoses" of an "Adjustment Disorder w/depressive symptoms." Counseling statements for being informed of the recommendation for an administrative separation by an "Entrance Physical Standards Board"; being determined that her medical conditions that existed prior to her service would prohibit and interfere with her continued service; and being referred to the "RCLNCO" for Existed Prior to Service (EPTS) counseling according to AR 635-200, paragraph 5-11 due to an "Adjustment Disorder, and Pervasive Developmental Disorder." Reverse page of DA Form 4707 ((Entrance Physical Standards Board (EPSBD) Proceedings), indicates the "MTF" commander forwarded the medical findings of an Entrance Physical Standards Board (EPSB) was provided the applicant, and on 14 March 2018, she acknowledged having been informed of the medical findings, and indicated that she "disagree[d] with [the] proceedings because [her] condition did not exist prior to entry and was aggravated by service ([that] specific medical evidence [was] attached) and request[ed her] case be returned to the medical approving authority for reconsideration." On 15 March 2018, the unit commander recommended the applicant be discharged, and on 15 March 2018, the separation authority directed the applicant's discharge from the Army. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 February 2018, indicates a "BH diagnoses" of an "Adjustment Disorder w/depressive symptoms"; that she was discharged from being hospitalized; that she was "medically cleared for BH outpatient treatment"; and that the "symptoms or behavioral problems existed prior to enlistment and [did] not simply represent maladjustment to the military." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 2 May 2018, and DD Form 214. 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 her uncharacterized discharge to honorable. The applicant's available record of service, and the issues and document submitted with her application were carefully reviewed. The applicant's record consisting of a counseling statement, dated 13 March 2018, rendered by the unit commander, indicated in the key point of discussions that the applicant was being recommended by the Entrance Physical Standards Board for a paragraph 5-11 separation, because the behavioral health team and her chain of command found that the medical conditions that existed prior to her service would prohibit and interfere with her continued service, and the record containing only the reverse page of an Entrance Physical Standards Board (EPSBD) Proceedings confirmed that the EPSBD, in their findings, revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Upon determining that the applicant did not meet retention standards according to AR 40-501, Chapter 2, she was recommended for separation from military service according to AR 635-200, paragraph 5-11, for the medical conditions that Existed Prior To Service (EPTS). Subsequently, the first page of the findings would have shown an approval by a competent medical authority prior to 13 March 2018, and although the applicant disagreed with the findings and requested reconsideration, an immediate administrative separation from the Army was directed. The available record further confirms the applicant was in an entry level status at the time of her separation proceedings that was initiated prior to 13 March 2018. 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. Further, 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 she was discharged at the end of her initial training, and that she served honorably in the Army National Guard and while on active duty for 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 her issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that she was 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. 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 her overall service record while in an ELS 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 31 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 AR20180007894 1