1. Applicant's Name: a. Application Date: 28 December 2018 b. Date Received: 31 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason and its corresponding codes for discharge. The applicant seeks relief contending, in effect, the discharge was unfair, because it was based on false documentation, inaccurate and false diagnoses, and an opinion of a medical officer, which was not based on facts. Overwhelming medical evidence shows the discharge was in error and inequitable. (The applicant's details the circumstances and events surrounding the Entrance Physical Standards Board (EPSBD) findings that led to discharge.) The applicant is permanently disqualified by MEPS as they will not consider granting a waiver to reenlist, despite all the medical documentary evidence showing the applicant has no disqualifying medical conditions. Correcting the errors would provide the opportunity to reenlist, because the applicant has unlimited potential to offer the military. The applicant is dedicated and determined to never quit. The medical documentary evidence, regulations, and numerous errors and medical proof show that the current discharge warrant changes to allow the applicant to reenlist. In a personal appearance hearing conducted at Arlington, VA on 26 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: Failed Medical/Physical/Procurement Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 17 September 2008 c. Separation Facts: The applicant's separation file is NIF. However, the following information was obtained from the applicant's documentary evidence (DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings, dated 28 August 2008): (1) Date Entrance Physical Standards Board Convened: 27 August 2008 (2) Basis for Separation: The EPSBD found that based on a history of EPTS (existed prior to term of service) condition, the applicant suffered from palpitations and anxiety disorder. An EPTS discharge was initiated because of the applicant frequently visiting the TMC (Troop Medical Clinic) and UCC (Urgent Care Clinic); the applicant missing mandatory training; and the civilian medical record confirming diagnosis of palpitation. Thereupon, it was recommended that the applicant be separated for failure to meet medical procurement standards according to AR 40-501, paragraphs 2-32i and 27k. On 8 September 2008, the applicant reviewed and concurred with the EPSB findings, and requested discharge without delay. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 September 2008 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2008 / Pursuant to her enlistment documents to report for IADT; however, period of training is not available. b. Age at Enlistment / Education / GT Score: 21 / 14 years / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 7 months, 3 days d. Prior Service / Characterizations: USAR (15 January 2008 to 20 July 2008) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders 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 28 December 2018, with applicant-authored statement; DD Form 214; Fort Jackson Sick Slip, dated 22 July 2008; Medical Record, dated 22 July 2008; two memoranda, dated 4 September 2008, and 9 September 2008; Report of Medical History, dated 14 January 2008; Report of Medical Examination, dated 14 January 2008; DoD Instruction 6130.03 (Medical Standards for Appointment, Enlistment, or Induction into the Military Services, effective 6 May 2018; medical report, dated 28 February 2005; Transthoracic Echocardiogram Report, dated 6 March 2005; M.D. D.W.M. statement, dated 3 November 2016; Cardiology Visit Notes, dated 18 April 2017; EKG Report with Exercise Stress Test, dated 18 April 2017; Transthoracic Echocardiogram, dated 4 May 2017; Cardiac Monitoring reports, dated 23 May 2017; and three character reference statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that when she obtained her Associate Degree, she was placed on the Dean's List for outstanding academic performance, she was employed in the emergency department with the same hospital for the past seven years as a member of the Trauma Team and code Team. 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 to change the narrative reason and its corresponding codes for her discharge. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. However, the applicant's submitted evidence confirms that her discharge was appropriate because the EPSBD proceedings revealed the applicant had a medical condition which was disqualifying for enlistment and existed prior to entry on active duty. These findings were 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. The available record further confirms the applicant was in an entry level status at the time her separation proceedings was initiated on 27 August 2008, and discharged on 17 September 2008, 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 it was based on false documentation, inaccurate and false diagnoses, and an opinion of a medical officer that was not based on facts. 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 to change the narrative reason for her discharge and its corresponding codes. The applicant desires to rejoin the Military Service. 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 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 5-11 is "Failed Medical/Physical/Procurement Standards," and the separation code is JFW. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The third party statements provided with the application speak highly of the applicant's character and performance, and in consideration of her commendable post-service accomplishments. However none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The available 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. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Medical Documents - 7 Pages b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 26 August 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20190002870 4