1. Applicant’s Name: a. Application Date: 9 May 2015 b. Date Received: 15 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general, under honorable conditions discharge to honorable and a change to her narrative reason for separation. The applicant states, in effect, her characterization of service was unjustly. The applicant seeks relief contending, in effect, the reason for her not advancing through AIT was due to her inability to pass the APFT because she was injured and she was denied medical attention. She was forced to take a PT test and failed because of a hip injury while training. She contends that the medical staff believed her injury to be false. The VA approved her injury and presented her with 40 percent disability. She had a MRI done by a licensed physician who discovered that she had a tear within the joint of her hip. She does not believe she was treated fairly by her command as she has known of many cases of Privates doing drugs within her command and getting discharged honorably, her only fault was being injured and unable to perform. In a personal appearance review conducted at Arlington, VA on 9 May 2016, 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: Unsatisfactory Performance / AR 635-200, Chapter 13 / JHJ /RE-3 / General, Under Honorable Conditions Discharge b. Date of Discharge: 7 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons: for failing out of the 35 N Course on 27 January 2014 and refusing to take a record APFT on 11 March 2014 after having failed a diagnostic APFT on 4 March 2014, Failing to report to her appointed place of duty x4 on 9 January 2014, 30 January 2014, 14 February 2014, and 27 February 2014, and Disobeying a direct order from a noncommissioned officer on 30 January 2014 (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 31 March 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 5 August 2013 / 3 years, 9 months b. Age at Enlistment/Education/GT Score: 32 years / HS Graduate / 101 c. Highest Grade Achieved/MOS/Total Service: E-3 / None / 10 months and 25 days d. Prior Service/Characterizations: USARCG-13 May 2013-4 August 2013 / NA e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Article 15, imposed on 11 March 2014, for failure to go at the time prescribed to her appointed place of duty on 30 January 2014 and on 27 February 2014, disobeying a lawful order from a noncommissioned officer on 30 January 2014, and with intent to deceive made a false official statement to a noncommissioned officer on 27 February 2014. The punishment consisted of reduction to the grade of E-2, forfeiture of $400.00 pay (suspended), extra duty and restriction for 14 days, and an oral reprimand (CG). Several negative counseling statements, dated between 22 October 2013 and 11 March 2014, for failure to report, lack of accountability, failure to follow a direct order, not performing corrective training, failing a diagnostic Army Physical Fitness Test (APFT), punishment in reference to her Article 15, and recommendation for separation from the Army under the provision of Chapter 13 for unsatisfactory performance i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, dated 13 March 2014, shows the applicant was approved from a mental health perspective to be considered for any administrative proceedings including separation from the US Army under the provision of Chapter 13 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293; letter from A.N.H., MD; Standard Form 15 (Application for 10-Point Veteran Preference); letter from the Department of Veterans Affairs which shows the applicant was awarded 40 percent service connected disability. 6. POST SERVICE ACCOMPLISHMENTS: None. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, unsatisfactory performance. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general, under honorable conditions discharge to honorable and a change to her narrative reason for separation. The applicant’s record of service, the issue and documents submitted with his application were carefully reviewed. The record confirms the applicant’s discharge was appropriate because of the unsatisfactory performance which diminished the quality of her service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the unsatisfactory duty performance. 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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance. The regulation further stipulates no deviation is authorized. The applicant seeks relief contending, her characterization of service was unjustly. 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unjustly discharged. Evidence shows the applicant was discharged for failing out of the 35 N Course, refusing to take a record APFT on 11 March 2014 after having failed a diagnostic APFT on 4 March 2014, failing to report to her appointed place of duty x4 and disobeying a direct order from a noncommissioned officer. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant contends the VA approved her injury and presented her with 40 percent disability. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of her discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during her discharge processing that would have warranted her separation processing through medical channels. 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 her overall service 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): 1. Letter from Veterans Affairs – 2 pages 2. Sick Call Slips – 5 pages 3. X-Ray appointment – 1 page 4. Profile slips – 2 slips 5. Letter from mother – 1 page b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008853 5