1. Applicant's Name: a. Application Date: 2 August 2018 b. Date Received: 9 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to narrative reason for discharge and reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that the separation code of "JFW" and RE code of "3" were falsely documented and are incorrect. The applicant believes that the documents are unjust due to the sequence of events that happened during initial entrance training at the basic training unit. The DA Form 4707 and DA Form 4856 both contradict themselves and are both false. The applicant believes there was a morale problem with the leadership within the company. No fit for duty checks were performed, the senior wanted paperwork expedited after the applicant reported their misconduct by the applicant and peers. In a records review conducted at Arlington, VA on 26 February 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: 6 July 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 May 2018 (2) Basis for Separation: The Entrance Physical Standards Board (EPSBD) Proceedings show the applicant was diagnosed with Mild, Scoliosis with lower and mid-back pain. It was recommended that the applicant should be discharged from the military in accordance with Army Regulation 40-501, Chapter 2-29(4). He was encouraged to continue profile as directed. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 26 June 2018, the applicant concur with the proceedings and requested to be discharge from the US Army without delay. (5) Administrative Separation Board: The applicant waived his right to legal counsel. (6) Separation Decision Date / Characterization: 29 June 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2018 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 91 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Counseling statement reference involuntary separation under provisions of Chapter 5-11. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293; DA Form 4707 (Entrance Physical Standards Board (ESPBD) Proceedings); DA Form 4856 (Developmental Counseling Form); and DD Form 214 for the period of service under review. 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 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 5-11, and 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 a change to his narrative reason for discharge and reentry eligibility (RE) code. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's service was uncharacterized because he was in entry-level status and there are no unusual circumstances present in the applicant's record and his service did not warrant an honorable discharge. 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 character of service to be rated as honorable or otherwise. The applicant requested a change to his narrative reason for discharge and reentry eligibility (RE) code. The applicant seeks relief contending that his separation code of "JFW" and RE code of "3" were falsely documented and are incorrect. The applicant believes that his documents are unjust due to the sequence of events that happened during his initial entrance training at his basic training unit. The applicant's contentions were noted; however, 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 5-11, and failed medical/physical/procurement standards. The regulation further stipulates that no deviation is authorized. Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant contends that his DA Form 4707 and DA Form 4856 both contradict themselves and are both false. He believes there was a morale problem with the leadership within his company. No fit for duty checks were performed, the senior wanted his paperwork expedited after he reported their misconduct by him and his peers. The applicant's contentions were noted; 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his DA Form 4707 and DA Form 4856 both contradict themselves and are both false. Evidence of records shows the applicant was diagnosed with Mild, Scoliosis with lower and mid- back pain. It was recommended that he be discharged from the military in accordance with Army Regulation 40-501, Chapter 2-29(4). On 26 June 2018, the applicant concur with the proceedings and requested to be discharge from the US Army without delay. 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 character of the applicant's discharge is commensurate with his overall service record. 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 26 February 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 AR20180012194 1