1. Applicant's Name: a. Application Date: 1 October 2018 b. Date Received: 3 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 states, in pertinent part and in effect, a change to the characterization of discharge would allow receipt of VA benefits. In a records review conducted at Arlington, VA on 14 August 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: Disability, Existed Prior to Service, PEB / AR 635-40, Paragraph 4-24b(4) / JFM / RE-3 / Uncharacterized b. Date of Discharge: 6 February 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 January 2012 (per the applicant's acknowledgement of receiving his separation notice, but under the provisions of AR 635-200, paragraph 5-11, for not meeting procurement medical fitness standards, and being advised of his rights) (2) Basis for Separation: NIF (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 July 2011 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 7 months, 2 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statement for being recommended for separation under the provisions of paragraph 5-11, AR 635-200, for not meeting the procurement fitness standards, as noted on 2 December 2011, by the Entrance Physical Standards Board (EPSBD), and that recommendations from the proceedings was an expeditious administrative separation according to AR 635-200, paragraph 5-11. The applicant agreed with the counseling on 14 December 2011. 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 1 October 2018. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. Chapter 4 provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in the line of duty and not due to the Soldier's misconduct. Paragraph 4-24b(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay. The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status. The service of Soldiers in an entry-level status will be uncharacterized. 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 (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 submitted with his application were carefully reviewed. However, after examining the applicant's available record of service, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge at this time. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. His record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. Further the DD Form 214 indicates the applicant was discharged under the provisions of AR 635-40, paragraph 4-24b(4) by reason of disability, existed prior to service, physical evaluation board (PEB), with an uncharacterized separation of service. The DD Form 214 shows a Separation Code of JFM (i.e., disability, existed prior to service, PEB). 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 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. 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. 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. 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. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends that an upgrade of his discharge would allow him veterans' benefits. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 14 August 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 AR20180014659 1