1. Applicant's Name: a. Application Date: 22 May 2019 b. Date Received: 13 June 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is uncharacterized. The applicant requests an upgrade to honorable, separation code change, and a narrative reason change. The applicant, through counsel, seeks relief contending, in effect, the applicant received an uncharacterized discharge, despite having served more than 180 days' continuous active duty. His uncharacterized discharge was a departure from the requirements described in the U.S. Army separation regulations. He deserves an honorable. He deserves an honorable. See C.F.R. section 70.9(b)(1)(i); DODI 1332.28 E4.2.1.1. He argues he enlisted on 5 September 2018 and was discharged on 20 April 2019. He was discharged with an uncharacterized discharge, a separation code of JFW, and a narrative stating "failed medical/physical/procurement standards." See Certificate of Release or Discharge from Active Duty. Army Regulation 635-200 only permits uncharacterized discharges when a Soldier is discharged during the first 180 days (referencing AR 635-200 regarding entry-level status). His DD Form 214 shows he served 7 months and 16 days, or 228 days. The Army Discharge Review Board and the Army Board for Correction of Military Records (ABCMR) regularly upgrade uncharacterized discharges to honorable discharges in these situations. ABCMR Docket Number 20110020595, dated 23 April 2012, shows the ABCMR upgraded the individual's characterization from uncharacterized to honorable, changed his narrative reason to secretarial authority, and changed his separation code because he had 6 months and 29 days of active service and was no longer considered in entry level status. ABCMR Docket Number 20100014405, dated 10 November 2010, shows the ABCMR granted the individual's characterization to honorable because he served 6 months and 11 days on active duty. In a records review conducted on 27 October 2021, and by a 5 - 0 vote, the Board denied the request upon finding the separation was both proper and equitable. Please see Section 9 of this document for more detail regarding the Board's decision. (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: 20 April 2019 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 15 January 2019 (2) EPSBD Findings: The findings of the evaluating physicians indicate the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. The applicant was diagnosed with: Pre-excitation syndrome. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 9 April 2019 (4) Separation Decision Date / Characterization: 9 April 2019 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2018 / 4 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 7 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: The applicant's AMHRR reflects award of the NDSM; however, the award is not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Entrance Physical Standards Board (EPSBD) Proceedings, dated 15 January 2019, reflect the applicant was diagnosed with: Pre- excitation syndrome. History of palpitations and WPW (Wolff Parkinson White Syndrome) which was present since February 2018 according to past medical records. Condition Existed before service. Member did not meet medical fitness standards for enlistment or induction per Army Regulation 40-501, Chapter 2-3c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 29 March 2019, reflects the applicant was cleared for administrative action. The applicant was diagnosed with: R/O (rule out) Adjustment Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Attachment to DD Form 293; DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board), sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Paragraph 3-9 states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. (5) Paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. (6) 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. (7) Chapter 15 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis. (8) Glossary prescribes entry-level status for RA Soldiers is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. e. 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 5-11, Failed Medical/Physical/Procurement Standards. f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to honorable, separation code change, and a narrative reason change. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The proceedings of the EPSBD dated 15 January 2019 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. The applicant contends an uncharacterized discharge was not appropriate because he was not in an entry-level status and he should have received an honorable discharge. Army Regulation 635-200 states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. The evidence of the record reflects the EPSBD convened on 15 January 2019 and the applicant served on active duty for 132 days at the time of this EPSBD initiation/notification. Subsequently,the applicant acknowledged on 9 April 2019, he was informed of the EPSBD findings, concurred with the proceedings, and requested to be discharged from the Army without delay. The applicant contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 5-11, AR 635-200, with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Failed Medical/Physical/Procurement Standards," and the separation code is "JFW." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2-3 of AR 635- 5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the SPD code should be changed. SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the Military Services to assist in the collection and analysis of separation data. SPD Codes are controlled by OSD and then implemented in Army policy AR 635-5-1 to track types of separations. The SPD code specified by Army Regulations for a discharge under Chapter 5, paragraph 5-11, is "JFW." The applicant contends other Soldiers with similar offenses received relief from the Board. Applicable regulations state each case must be decided on an individual basis, considering the unique facts and circumstances of the particular case. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? No. The Board's Medical Advisor, a voting member, reviewed DoD and VA medical records and found no evidence to support that any applicant medical condition or experience could mitigate the basis for applciant's separation. (2) Did the condition exist or experience occur during military service? N/A (3) Does the condition or experience actually excuse or mitigate the discharge? N/A (4) Does the condition or experience outweigh the discharge? N/A b. Prior Decisions Cited: AR20100014405, AR20110020595 (1) In AR20100014405, the Soldier was discharged with an uncharacterized discharge after 6 months, 11 days of continuous active service after completing initial entry training. AR20100014405 was carefully considered by the Board, but did not convince the Board that in this case, the applicant's separation action warranted any change. In this case AR20190007774, in accordance with AR 635-200, the applicant's EPSBD's proceeding regarding applicant's failure to meet procurement medical fitness standards with a condition that existed prior to service was initiated within the applicant's initial six-month period of service and prior to applicant's completion of initial entry training. (2) In AR20110020595, the Soldier was notified of intent to separate for Entry Level Performance and Conduct after 6 months, 29 days of continuous active service. AR20110020595 was carefully considered by the Board, but did not convince the Board that in this case, the applicant's separation action warranted any change. In this case AR20190007774, in accordance with AR 635-200, the applicant's EPSBD's proceeding regarding applicant's failure to meet procurement medical fitness standards, and not a specific performance or conduct issue was the basis for separation. c. Response to Contention(s): The applicant contends an uncharacterized discharge was not appropriate because he was not in an entry-level status and he should have received an honorable discharge. Based upon the findings of the evaluating physician, the applicant failed Medical/Physical/Procurement Standards on the basis of an Entrance Physical Standards Board conducted on 15 January 2019, and approved by the Medical Director of Integrated Disability Evaluation System Clinic at Ft. Sill, OK on 2 February 2019. That Board found that the applicant was unfit due to a condition existing prior to service, specifically, pre-excitation syndrome, and history of palpitations and WPW (Wolff Parkinson White Syndrome). As discussed in Paragraph 7.d(6) above, AR 635-200 states that 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. The Board found that the condition was identified when the applicant had less than 180 days of service, in accordance with AR 635-200, therefore, the appropriate character of service is uncharacterized. d. The Board determined the discharge is, at this time, proper and equitable, in light of the current evidence of record. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. e. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because, despite applying liberal consideration, the basis of the EPSBD dated 15 Jan 2019, findings of the evaluating physicians indicate the applicant was medically unfit for appointment or enlistment due to conditions that existed prior to service - pre-excitation syndrome, history of palpitations and WPW (Wolff Parkinson White Syndrome). 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. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, and the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190007774 1