1. Applicant’s Name: a. Application Date: 23 April 2015 b. Date Received: 30 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade up of his general, under honorable conditions to honorable. The applicant seeks relief contending, in effect, he was separated under physical standards with a general under honorable conditions discharge based on the fact he was unable to pass a PT test due to multiple injuries to his ankle. He states, in effect, he wasn’t considered for a Medical Evaluation Board for his ankle but is currently receiving disability from the Veterans Affairs. He further states, he believes based on his ankle disability being service related he should have received an Honorable discharge. In a records review conducted at Arlington, VA on 19 August 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: Physical Standards / AR 635-200, Paragraph 13-2e / JFT /RE-3 / General, Under Honorable Conditions b. Date of Discharge: 14 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: General, under honorable conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date/Characterization: 28 April 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 7 January 2013, 3 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 94 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92G10, Food Service Specialist / 3 years, 5 months d. Prior Service/Characterizations: RA 18 June 2013 – 6 January 2013 / HD e. Overseas Service/Combat Service: Korea f. Awards and Decorations: AAM, NDSM, KSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 23 April 2015, DD Form 214 and Department of Veterans Affairs Benefits Claim, dated 6 January 2015 6. POST SERVICE ACCOMPLISHMENTS: The applicant did not submit any. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13-2e states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations that have two consecutive failures of the Army Physical Fitness Test. The reason for discharge will be shown as physical standards. The service of Soldiers separated because of unsatisfactory performance for failure to meet physical standards will be characterized as honorable or general, under honorable conditions. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant is seeking relief contending, that based on his ankle injury being service related and currently receiving disability from the Department of Veterans Affairs he should have been honorably separated under the provisions of disability. He was separated under physical standards with a general under honorable conditions discharge based on the fact he was unable to pass a PT test due to multiple injuries to his ankle. He states, in effect, he wasn’t considered for a Medical Evaluation Board for his ankle but is currently receiving disability from the Veterans Affairs. He further states, he believes based on his ankle disability being service related he should have received an Honorable discharge. The applicant’s issues were noted; however, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. Based on the available record, the discharge appears consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 August 2016, 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 SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change 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 AR20150012977 1