1. Applicant's Name: a. Application Date: 3 September 2018 b. Date Received: 10 October 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, the discharge was based on a medical misdiagnosis of an inflammatory bowel disease (P-3 ICD-10 K51). The applicant has since received a second opinion and based on that examination, the results were clear of any bowel diseases. An upgrade would allow the applicant to enlist in the US Marines. During the process of the separation proceedings, the applicant felt mistreated and coerced to sign documents that ultimately disqualified the applicant from reenlisting. The applicant did not have full knowledge of what the applicant was signing or what it meant. 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 Crohn's Disease. In summary, the applicant's discharge was appropriate. In a records review conducted at Arlington, VA on 12 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: 30 August 2016 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSB) Convened: 9 August 2016 (2) Basis for Separation: The EPSB found that based on past history of frequent diarrheal stools and visible blood in stools and an examination due to the applicant experiencing an increase in symptoms and difficulty tolerating food served in the dining facility and MREs and abdominal pain, a CT scan with contrast of the abdomen revealed terminal ileitis, although the colonoscopy of clean of lesions. The applicant was diagnosed with an "Inflammatory bowel disease P-3 ICD-10 K51." The applicant was recommended for an EPTS medical separation as he did not meet the fitness standards for enlistment according to AR 40-501, Chapter 2, Paragraph 2-3c(1) that current inflammatory bowel disease including but not limited to unspecified regional enteritis, and that Crohn's disease/ulcerative colitis or ulcerative proclitic was disqualifying. On 11 August 2016, the applicant reviewed and concurred with the EPSB findings, and requested discharge without delay. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 9 August 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 August 2016 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 June 2016 / Approximately 10 weeks or completion of basic training under the alternate (split) training program, pursuant to AD Orders, dated 9 June 2016 b. Age at Enlistment / Education / GT Score: 18 / 3 years of High School / 102 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 10 days d. Prior Service / Characterizations: USAR (16 March 2016 to 20 June 2016) / 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 indicates this "is an 18-year-old male Army Reserves Basic Trainee in week 6 of his enlistment training of BCT/ITB. He has a past history of frequent diarrheal stools and visible blood in stools. Since he started Basic, he has been experiencing an increase in the above symptoms and has difficulty tolerating the food that has been served him at the dining facility and MREs. He had been experiencing abdominal pain and CT scan with contrast of the abdomen revealed terminal ileitis. Colonoscopy was clean of lesions." It further indicated that an "EPTS separation has been initiated. Stop all training, PT/PRT at this time. Move to the RHU as soon as available." Counseling Statements for being recommended for an EPTS separation according to Paragraph 5-11, AR 635-200 and referral to the Army Reserve Liaison NCO for EPTS counseling. DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 9 August 2016, described at the preceding paragraphs 3c(1)-(6). 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 3 September 2018; 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 honorable. The applicant's available record of service, and the issues and documents 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, Chapter 2, Paragraph 2-3c(1). 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 9 August 2016, and discharged on 30 August 2016, 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 the discharge was unjust because his discharge was based on a medical misdiagnosis since a second opinion cleared him of any bowel diseases, that during the process of his separation proceedings, he was mistreated and coerced to sign documents that ultimately disqualified him from reenlisting and he did not have full knowledge of what he was signing or what it meant. 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged. The applicant desires to rejoin the Military Service, specifically, a desire to enlist in the US Marines. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 12 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 AR20180014503 1