1. Applicant's Name: a. Application Date: 14 March 2016 b. Date Received: 21 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests his DD Form 214 be corrected to reflect he received an honorable discharge. The applicant seeks relief contending, in effect, that at the time of discharge his characterization of service was approved as honorable by the separation authority. He also contends that his commander utilized the incorrect Army Regulation and should have followed AR 40-501, standards of medical fitness and AR 635-40. He contends the medical facility did not initiate medical fitness procedures outlined in AR 40-501, Chapter 3, 5, and 8 and AR 635-40, Chapter 4 and the commander selected the incorrect Regulatory Citation to discharge him. Prior to his discharge his hernia (repaired), flared up and prevented him from completing the running portion of the APFT, which he failed twice. In a records review conducted at Arlington, VA on 14 July 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24, contains the erroneous character of service of general (under honorable conditions). In view of the error, the Board directed an administrative correction to block 24, character of service to read "Honorable," as approved by the separation authority. (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) b. Date of Discharge: 8 August 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 May 2011 (2) Basis for Separation: The applicant was informed of the following reasons: he would not develop sufficiently to become a satisfactory Soldier, since early 2010 he had been counseled on numerous occasions and attempts to rehabilitate causing him to altogether fail; Failed two previous APFT (13 January 2011 and 15 February 2011) with little progress being made; He was likely to be a disruptive influence in other duty assignments; He had on numerous occasions carried his weapon in the incorrect arming status while being transported form his duty location to Camp Patriot, which was in direct violation of Bravo Company SOP; His ability to perform his duties effectively was unlikely; and He had difficulty with following simple direct orders by his team leader and after being counseled numerous times on this he had been unable to comply. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 May 2011 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving an honorable discharge. (6) Separation Decision Date / Characterization: 6 July 2011 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: OAD, 16 September 2010 / 400 days b. Age at Enlistment / Education / GT Score: 47 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Operation / 15 years, 8 months d. Prior Service / Characterizations: RA, (15 May 1987 to 10 April 1990) / HD Break-in-service ARNG, (5 November 1998 to 15 September 2010) / HD e. Overseas Service / Combat Service: SWA / Kuwait (11 November 2010 to 18 July 2011) f. Awards and Decorations: AAM-3, NDSM, GWOTEM, GWOTSM, ASR, AFRM-w/M Device g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 14 April 2011, for disobeying a lawful order from a noncommissioned officer on two occasions and was derelict in the performance of his duties on 5 February 2011, 7 February 2011, and 16 February 2011. The punishment consisted of reduction to E-3, forfeiture of $455 (suspended), 14 days extra duty, and 14 days restriction (suspended). Memorandum dated 28 May 2011, shows the applicant was evaluated at the Kuwait Mental Health Clinic by a Clinical Psychologist who determined at the time the applicant had no service limiting mental health problems, did not meet the criteria for a mental health condition that warrant a medical evaluation board, and not mental health treatment was necessary at the time. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 149; biography; extract from AR 40-501; and approval for discharge from separation packet; 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 8. DISCUSSION OF FACT(S): The applicant requests his DD Form 214 be corrected to reflect he receive an honorable discharge. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. Evidence in records shows that on 6 July 2011, the applicant's conditional waiver in reference to his notification of separation proceedings under chapter 13 of AR 635-200 was approved by the commander who held Special Courts-Martial Convening Authority as defined in Article 23 UCMJ. It directed that the applicant be separated from Active Duty and the Reserve of the Army with a characterization of services as honorable. The DD Form 214 under review shows the applicant was discharged under the provisions of Chapter 13, AR 635-200, with a characterization of service of general (under honorable conditions). The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 14 July 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24, contains the erroneous character of service of general (under honorable conditions). In view of the error, the Board directed an administrative correction to block 24, character of service to read "Honorable," as approved by the separation authority. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore (Restoration of) Grade 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 AR20160006482 4