1. Applicant’s Name: a. Application Date: 26 May 2015 b. Date Received: 28 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, his discharge is inequitable because it was based on one isolated incident in 42 months of honorable service, with no other adverse action. During his time in the service, the applicant held positions that are typically held by an E-6 or above, told that he was one of the best and most knowledgeable UAS Maintainers in the platoon, trained other Soldiers, and conducted business in the most professional of ways. The applicant contends that a being given a general discharge for failing the Warrior Leader Course (WLC) APFT, while his military record had been spotless, was unfair and unjust. The applicant requests an upgrade in order to receive his education benefits. 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 / Chapter 13-2e / JFT / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 21 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 April 2015 (2) Basis for Separation: The applicant failed to achieve course standards while enrolled in the Noncommissioned Officer Education System Course (23 February 2015). (3) Recommended Characterization: General, Under Honorable Conditions (Note: The Battalion Commander recommended an Honorable discharge.) (4) Legal Consultation Date: 27 April 2015 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 1 May 2015 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 7 November 2011 / 6 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 115 c. Highest Grade Achieved/MOS/Total Service: E-4 / 15E10, Unmanned Aircraft Systems Repairer/ 3 years, 6 months, and 15 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Hawaii / None f. Awards and Decorations: AGCM, NDSM, GWTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Memorandum, dated 23 February 2015, Subject: Notification of Dismissal from the Warrior Leader Course, indicates the applicant was dismissed from WLC for failing to pass the APFT evaluation and retest. The applicant acknowledged receipt on 23 February 2015 and elected no to appeal the request for dismissal. Memorandum for Record, dated 30 April 2015, authored by the Battalion Commander (BC), reflects that the BC initially offered to recommend that the separation be suspended for a period of 90 days to allow the applicant to show improvement in physical fitness and to pass the APFT. However, after meeting with the applicant, the BC was informed by the applicant that he had elected to accept the separation presented to him in the notification dated 22 April 2015. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 26 May 2015; DD Form 214; one character letter; and the following: Copy of case separation file; DA form 705 (Army Physical Fitness Test Scorecard); CIF Clothing Records and Authorization for Early Turn-In memorandum; Personnel file and Training Records; Finance Records (LES and DA Forms 31) PCS Orders and No Cost Move order; Section Strip Map to home; North Carolina Driver License; Vehicle Registration and Insurance Card; Flight Itinerary DA Form 4856 (Developmental Counseling), first page, dated 14 November 2013. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record of service and the issue submitted with his application were carefully reviewed. The record confirms the applicant was discharged for the sole reason of failing to meet the minimum standards of the Warrior Leader Course APFT. The service record does not contain any other derogatory information. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 applicant contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that he had 42 months of honorable service. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant contends the discharge was unfair and unjust because he was given a general discharge for failing the WLC APFT, while his military record had been spotless. 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 he was unjustly discriminated. In fact, according to the Memorandum for Record (listed in paragraph 4h), the applicant was given the opportunity to have his discharge suspended for 90 days; however, the applicant elected to accept the separation presented to him on 22 April 2015. Therefore, 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 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 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 AR20150008988 4