1. Applicant's Name: a. Application Date: 13 May 2019 b. Date Received: 20 May 2019 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, served honorably on active duty. The applicant was injured in training. The medical condition affecting the applicant's physical, cognitive, and behavioral health capacity resulted from a TBI. The applicant had completed every graduation requirement in training, but unfortunately, the separation was being processed one day before graduation. The applicant would like to be employed with the US Government, but the narrative reason for discharge is affecting the applicant's good name as the applicant appears to be incompetent. The applicant will wait, however length of time it would take, to get the discharge status changed. In a records review conducted at Arlington, VA on 8 May 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: 26 February 2018 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 29 November 2017 (2) EPSBD Findings: After careful considerations of medical records, laboratory, findings, and medical examinations, the board found the applicant was medically unfit for enlistment according to current medical fitness standards and that in the opinion of the evaluating physicians the condition(s) existed prior to service. The applicant had history of severe depression and anxiety. Being born in Albuquerque, NM, his father (never married mother) left around age five. His mother then moved him to Juarez, Mexico which was her home, where he described being exposed to violence and one time hearing a baby cry after its mother was shot. At about eight, he returned to NM to live with his aunt and attended school. He dropped out at age 16 due to bullying. He reported isolating himself, not wanting to go anywhere or talk to anyone, and being very fearful that someone was out to get him. He only went to the library and got books to read. Subsequently, he was moved to EI Paso, TX and resided with his sister, where he received his GED. Prior to enlisting at age 20, his only job was washing cars at the dealership where his brother-in-law worked. He arrived at basic training on 05 September 2017 and did well in training until 12 October 2017, when he sustained a concussion (no LOC) and got stitches after running with his weapon, falling, and his mouth being struck by the butt of his weapon. On 10 November 2017 (week 8 of the 9-week BCT), at sick call, he reported feelings of anxiety and depression. He reported physical symptoms, such headaches, racing heart, and inappropriate sweating, due to anxiety when training, especially when engaging in live fire events and at the range. He also reported "auditory hallucinations of vivid memories and re-experiencing, nightmares, and flashbacks of his youth in Juarez. He stated fearing "the OS's use of 'gruff tones'" in the bays at night (memory of men voices in Juarez at night) and the live fire exercises. He denied any history of SI and reported a family history of depression and anxiety. Given his history, actions described above in BCT were triggers which were re-traumatizing him. His Mental Status Examination resulted in diagnoses of "DSM-5 Diagnosis: Persistent Depressive Disorder (F34.1), Unspecified Anxiety Disorder (F41.9), Adjustment Disorder with mixed anxiety and depressed mood (F43.23)." Recommendations: Based on the medical condition that existed prior to service and that if the applicant's mental health problem had been detected at the time of enlistment, it would have prevented his enlistment in the military according to then AR 40-501, paragraphs 2-27d2e, g, k., currently paragraphs 2-2a(2)-(5) of AR 40-501, dated 27 June 2019. The applicant was recommended for an expeditious separation from active duty, according to AR 635-200, Paragraph 5-11; an immediate removal from all training and physical training (PT); that he should not have access to weapons or sensitive information; and that he follow-up with Behavioral health for any safety concerns and for the unit to follow all recommendations including Unit Watch as needed. A Temporary 90-day Profile was issued for persistent depressive and anxiety disorders (EPTS). Additional functional limitations cited were that the applicant cannot carry and fire individual assigned weapons and cannot live in an austere environment without worsening his mental health condition. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 5 February 2018 (The applicant also waived right to consult with any attorney on 15 February 2018.) (4) Separation Decision Date / Characterization: 22 February 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2017 / Approximately 21 weeks for OSUT training or until completion, pursuant to Orders 7248017, dated 20 August 2017 b. Age at Enlistment / Education / GT Score: 20 / GED / 94 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 9 months, 12 days of which 5 months, 27 days were active duty service d. Prior Service / Characterizations: USAR (15 May 2017 to 4 September 2017) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 22 February 2018, described at the preceding paragraphs 3c(1)-(4). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 January 2018, reports "BH Diagnoses" as "Adjustment Disorder with mixed anxiety and depression; Unspecified Trauma and Stressor Related Disorder." The reported also commented that the applicant's behavioral health symptoms will likely reappear during period of intense military training and combat, and that the military environment has and will continue to trigger and exacerbate the applicant's trauma symptoms due to his trauma history, considered as a "'Condition Existing Prior to Service," and that he was recommended for immediate removal from all training, not having access to weapons or sensitive information, and an expeditious discharge from active duty according to AR 635-200, paragraph 5-11. DA Form 4707, dated 22 February 2018, presents DSM-5 diagnoses of "Persistent Depressive Disorder (F34.1), Unspecified Anxiety Disorder (F41.9), Adjustment Disorder with mixed anxiety and depressed mood (F43.23)." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 13 May 2019. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service and the issues 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 expeditious discharge due to his EPTS (existed prior to service) 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. The findings were then approved by competent medical authority and the applicant agreed with the findings and proposed action for an immediate administrative separation from the Army, and requested to be discharged from the US Army without delay. 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 29 November 2017, and discharged on 26 February 2018, 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 active duty service was honorable and his discharge was due to medical reasons resulting from being injured in training, that his medical condition affected his physical, cognitive, and behavioral health capacity from his TBI sustained in basic training. 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 evidence to support the contention that he was unjustly discharged. The applicant requests to change the reason for his separation; however, the narrative reason for his 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 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 8 May 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 AR20190007596 3