1. Applicant's Name: a. Application Date: 26 July 2018 b. Date Received: 30 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, he fully disclosed a prior injury to his recruiter, who advised the applicant that since it was not medically relevant for his enlistment application, to withhold this in his enlistment paperwork unless specifically asked by the MEPS physician. The applicant states, he was never questioned at MEPS specifically for any prior injuries. In 1991, the applicant sustained a common compound distal fracture to his tibia/fibula, requiring a simple reduction and casting only. The applicant made a full recovery with no further complications. Several months into basic training, due to the rigorous physical demands and training, the applicant somehow reinjured his left ankle. The applicant suffered from painful swelling, bruising, because of poor circulation. The applicant's medical diagnosis was withheld from him and he did not have any say in any treatment plans. The applicant was unable to meet physical fitness standards due to his injury because he relied on crutches. The applicant opted for a military discharge due to the complexities of his symptoms, which the physician overseeing his care was unable to relieve and return him back to duty. The applicant did seek further medical care and rehabilitation on his own accord soon after discharge. Since his discharge, he has made a full recovery, despite some soreness during long physical activities. He underwent several rounds of physical therapy and corrective treatments for pain management. In 2005, the applicant attended the North Texas Training Association Fire Academy and obtained his Emergency Medical Technician and Paramedic level certifications. Currently, the applicant maintains a Texas Commission on Fire Protection Advanced Firefighter, Driver/Operator Fire Instructor, and Hazardous Material Technician certifications. The applicant has recently applied for the Texas State Guard Medical Battalion and though he was unable to serve his country due to his injured ankle, he was able to do the next best thing, which is serving his community. Given his current status and level of commitment to serve, he believes an upgrade is warranted as his uncharacterized discharge is preventing him from moving on in the next chapter of his life and keeping him from reaching his full potential. In a records review conducted at Arlington, VA on 27 January 2021, 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 to Meet Procurement Medical Fitness Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 17 June 2004 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: NIF (2) EPSBD Findings: NIF (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: NIF (4) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2003 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 5 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; DA Form 2-1; Orders 162- 0132; copies of his military service records; Advanced Structure Fire Fighter certificate; Hazardous Materials Technician certificate; Driver Operator-Pumper certificate; Instructor I certificate; NFPA 1006 Rope Rescue Level II certificate; Emergency Medical Technician Paramedic certificate; National Registry Emergency Medical Technicians Paramedic certificate. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned his Emergency Medical Technician and Paramedic level certifications; and, maintains a Texas Commission on Fire Protection Advanced Firefighter, Driver/Operator Fire Instructor, and Hazardous Material Technician certifications. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-11, by reason of Failed to Meet Procurement Medical Fitness Standards, with a characterization of service of Uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's contentions about being told not to disclose a prior injury by his recruiter unless specifically asked by the MEPS physician, was carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs, which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 January 2021, 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 / 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 AR20180013259 4