1. Applicant's Name: a. Application Date: 21 September 2018 b. Date Received: 1 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, the discharge was improper because of being injured while serving in the Army. The VA has determined that the injuries occurred while in the Army. The narrative reason for discharge should be changed because hthe injuries were determined to be disability. The applicant also served honorably with no disciplinary issues. In a records review conducted at Arlington, VA on 26 July 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: 22 November 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 28 September 2017, a recommendation was provided to the commander for the applicant's separation UP AR 635-200, paragraph 5-17, due to her bilateral hip pain/injury. The commander concurred to initiate separation due to the lengthy recovery of her injury. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 24 October 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 November 2017 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 June 2017 / 4 years, 21 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 4 months, 27 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: Physical Profile Record, dated 28 September 2017, indicates the applicant was on temporary profile for "Hip Pain/Injury (Bilateral), with an expiration date of 11 November 2017. Counseling statement for being recommended for possible separation under paragraph 5- 17. Memorandum for the Commander, dated 16 October 2017, rendered by the applicant, indicates while being counseled and given ample opportunity to overcome her "Medial collateral ligament strain," the applicant elected that she would not overcome her deficiencies and waived the opportunity to do so. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 21 September 2018; DD Form 214; VA Rating Decision, dated 12 September 2018; VA letter, dated 14 September 2018; and voluminous health records; discharge orders; bank direct deposit documents; separation memoranda; multiple physical profile records; enlistment documents; counseling statements; additional separation memoranda; basic training documentations; and additional medical documents with convalescent leave; USAF Reserve Order (discharge), dated 10 August 2016; and additional separation-related documentations. 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 and to change the narrative reason for her discharge. 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 "Hip Pain/Injury (Bilateral)," 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 of the lengthy recovery of the applicant's injury. The applicant's contentions for an upgrade were carefully considered. However, 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 16 October 2017. Her separation was initiated on 23 November 2017, 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 the discharge was improper because she was injured while serving in the Army. 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 and to change the narrative reason for her discharge. The applicant requests to change the reason for her separation; however, the narrative reason for her separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 5, paragraph 5-17 is "Condition, Not a Disability," and the separation code is JFV. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 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 July 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 AR20180013868 1