1. Applicant's Name: a. Application Date: 14 April 2018 b. Date Received: 17 April 2018 c. Representative: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would provide eligibility for benefits from the Department of Veterans Affairs, such as medical care. 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 a psychotic break and decompensation that warranted a referral to IDES, adjustment disorder, eating disorder, depression, anxiety, and a learning disorder. The applicant has not contacted the VA. In summary, the separation was improper. In a records review conducted at Arlington, VA on 15 November 2019, and by a 4-1 vote, the Board determined that the discharge was improper. The evidence in the record confirms that the applicant did not receive due process. The records show the proper discharge and separation procedures were not followed in this case. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. (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: 24 July 2015 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSB) Convened: 1 July 2015 (2) Basis for Separation: The EPSB found that based on a history of EPTS condition involving an "AXIS I" diagnosis of "Learning Disorder NOS (EPTS)," the applicant was medically unfit for enlistment and recommended his removal from training and separation for failing to meet medical procurement standards according to AR 40-501, Chapter 2, paragraph 2-17(b), and for failing to meet medical retention standards according to AR 40-501, Chapter 3. The subject findings indicated that the applicant reported he had "a hard time comprehending and performing certain required tasks, accurately and in a timely manner," because of "poor peer relationships" and "the death of his girlfriend," which "contributed to his poor mood and lack of motivation to continue training." He also reported that he was "experiencing depressive symptom such as a depressed mood, anhedonia, anxiety, feelings of wanting to be alone, and low energy throughout the day." On 16 July 2015, the applicant reviewed and concurred with the EPSB findings, and requested discharge without delay. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 July 2015 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 June 2015 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 month, 23 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 16 July 2015, described at the preceding paragraphs 3c(1)-(6). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: EPSBD findings as an EPTS medical condition. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), undated and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 general (under honorable conditions) or honorable. The applicant's available record of service, and the issues and document 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, paragraph 2- 31i. The findings were then approved by competent medical authority and the applicant agreed with the findings and proposed action for 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 1 July 2015, and discharged on 24 July 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 that an upgrade would provide for his eligibility for benefits from the Department of Veterans Affairs, such as medical care. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 November 2019, and by a 4-1 vote, the Board determined that the discharge was improper. The evidence in the record confirms that the applicant did not receive due process. The records show the proper discharge and separation procedures were not followed in this case. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / 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 AR20180008459 4