1. Applicant's Name: a. Application Date: 5 June 2018 b. Date Received: 14 June 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 under honorable conditions. However, the DD Form 214 indicates an uncharacterized discharge. All other documents indicate honorable service. In a records review conducted at Arlington, VA on 4 December 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: Condition, Not a Disability / AR 635- 200, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 13 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 May 2013 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was unable to complete Basic Combat Training due to having chronic lower back pain. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 30 May 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 June 2013 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 March 2013 / 4 years, 24 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 3 months, 10 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: Memorandum for the Commander, dated 1 May 2013, Subject: Recommendation for 5-17 Chapter for [the applicant], rendered by the Troop Medical Clinic, indicates that in consultation with a doctor and physical therapy, it was recommended that the applicant be separated, because her continued back pain, despite medications, rest, rehabilitative exercises, and profiles, would only resolve once she is out of the training environment and that her separation from the military would be in her best interest. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for the Review of Discharge), dated 5 June 2018; DD Form 214; and VA letters, dated 5 June 2018 and 23 May 2018. 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 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. Paragraph 3-9 stipulates that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17, unless properly notified of the specific factors in the service that warrant such characterization. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, "Condition, Not a Disability." The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" 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 documents submitted with her application were carefully reviewed. The evidence of record shows the applicant was diagnosed by competent medical authority with a medical condition of chronic back pain that coninues, despite medications, rest, rehabilitative exercised, and profiles, while in training status. The medical authority recommended for the chain of command to discharge the applicant under the provisions of AR 635-200, paragraph 5-17. The commander concurred with the recommendation that separation be initiated because it was in her best interest to be separated from the military. The record of evidence confirms that the applicant's service was uncharacterized because she was in entry-level status (ELS). Army Regulation 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. She was notified and counseled on her impending separation due to the medical provider's diagnosis of her medical condition on 24 May 2013. Her separation was initiated on 30 May 2013, less than 180 days, during the period she was in an entry level status. An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. There are no unusual circumstances present in the applicant's record and her service did not warrant an honorable discharge. A general (under honorable conditions) discharge is not authorized under ELS conditions. 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 her DD Form 214 indicates an uncharacterized discharge, while all her other documents indicate an honorable service. However, the rationale the applicant provided as the basis for what she believes was an unfair record of her discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. Further, her separation was in accordance with Army Regulation 635-200, paragraph 5-17, 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 December 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 AR20180009747 1