1. Applicant's Name: a. Application Date: 7 June 2019 b. Date Received: 14 June 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the applicant's uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, that the applicant was discharged due to a physical disability. The applicant contends that the applicant was discharged due to a service related injury, the applicant injured knee and was unable to pass physical fitness test. The applicant would like to file for a VA disability compensation and wish to have discharge upgrade to honorable. In a records review conducted at Arlington, VA on 3 June 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 May 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 June 2009 (2) Basis for Separation: The Entrance Physical Standards Board (EPSBD) Proceedings show the applicant was diagnosed with bilateral knee pain. The applicant stated he had been having pain for about a year or two, did not recall specific activity which initiated pain as a civilian. The applicant failed the PT test, he could not run, march, jump, squat, wear full fighting load nor perform combative training. He was evaluated by Physical Therapy, who recommended a MED 200 as the applicant could not perform the duties and training required for basic and physical therapy; medication of Motrin and Percocet had not alleviated his pain. He could not train to standards regardless of profiles, meds and Physical Therapy. It was recommended that the applicant met a Medical Board for Separation. He did not meet medical fitness standards for enlistment or induction IAW AR 40-501, Chapter 2-10, d. (3). EPTS: yes; Service aggravated: yes Waiver was not recommended. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 15 May 2009, the applicant concur with the proceedings and requested to be discharge from the US Army without delay. (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 21 May 2009 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 February 2009 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 3 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant seeks relief contending that he was discharged due to a physical disability. He was discharged due to a service related injury, he injured his knee and was unable to pass his physical fitness test. He would like to file for a VA disability compensation and wish to have his discharge upgrade to honorable. The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant was diagnosed with bilateral knee pain. The applicant stated he had been having pain for about a year or two, and did not recall specific activity which initiated pain as a civilian. The applicant failed PT test, he could not run, march, jump, squat, wear full fighting load nor perform any combative training. He was evaluated by Physical Therapy, who recommended a MED 200 as the applicant could not perform the duties and training required for basic and physical therapy; medication of Motrin and Percocet had not alleviated his pain. He could not train to standards regardless of profiles, meds and Physical Therapy. It was recommended that the applicant met a Medical Board for Separation. He did not meet medical fitness standards for enlistment or induction IAW AR 40-501, Chapter 2-10,d. (3). EPTS: yes; Service aggravated: yes Waiver was not recommended. 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 evidence of record shows the applicant's service was uncharacterized because he was in an entry-level status at the time of discharge. Also there were no unusual circumstances present in the applicant's record and his service did not warrant an honorable discharge. 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 Soldier's service will be uncharacterized when his separation is initiated while he is in ELS. 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 had not been in the Army long enough for his character of service to be rated as honorable or otherwise. 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 character of the applicant's discharge is commensurate with his overall service record. It should be noted; eligibility for veteran's 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. 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 3 June 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 AR20190009548 1