1. Applicant’s Name: a. Application Date: 29 July 2015 b. Date Received: 6 August 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, the discharge is inequitable because the characterization of service was solely based on failure to maintain physical fitness standards. It does not accurately reflect 12 years of meritorious service with no adverse action. Further, the characterization of service was not determined by his overall period of service or military record, but based upon an isolated action. Per the Board’s Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had no mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. Applicant reported a history of depression on his Report of Medical History dated May 2014; however, treatment was not sought to determine clinical significance or impact on his functioning, particularly his failure of APFT. In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board determined that the discharge is inequitable based on the overall length and quality of the applicant’s service, to include his combat service, information from the prior period of honorable service, and the circumstances surrounding the discharge. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. Further, regulations currently in effect provide the reason for the applicant’s discharge as physical standards. Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 to Physical Standards with the corresponding separation code of JFT. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Unsatisfactory Performance / AR 635-200, Paragraph 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 February 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 August 2014 (2) Basis for Separation: The applicant failed record Army Physical Fitness Tests (APFTs) on 18 November 2013, 20 December 2013, 21 January 2014, and 30 April 2014. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 October 2014 (5) Administrative Separation Board: Waived, 23 October 2014 (6) Separation Decision Date/Characterization: 31 October 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 8 December 2011 / Indefinite b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 116 c. Highest Grade Achieved/MOS/Total Service: E-6 / 35L30, Counterintelligence Agent; 14E30, Patriot Fire Control Enhanced Operator/Maintainer / 12 years, 4 months, and 26 days d. Prior Service/Characterizations: USAR, 3 January 2001 - 5 February 2002 / NA           RA, 6 February 2002 – 29 March 2005 / HD           RA, 30 March 2005 – 29 November 2007 / HD           RA, 30 November 2007 – 7 December 2011 / HD e. Overseas Service/Combat Service: Germany, Japan, SWA / Iraq (18 March 2003 – 18 June 2003), Afghanistan (17 March 2009 – 28 April 2009 and 15 May 2012 – 24 June 2012) f. Awards and Decorations: MSM, JSCOM, ARCOM-2, JSAM, AAM, AGCM-3, NDSM, ACM-2CS, ICM-4CS, GWTSM, NOPDR-2, ASR, OSR-2, NATO Medal, JMUA-2 g. Performance Ratings: 16 October 2011 – 15 October 2012, Among the Best 16 October 2012 – 15 October 2013, Among the Best 16 October 2013 – 15 October 2014, Marginal h. Disciplinary Action(s)/Evidentiary Record: DA Form 705 (Army Physical Fitness Test Scorecard), dated 18 November 2013, reflects the applicant failed the APFT. DA Form 705 (Army Physical Fitness Test Scorecard), dated 20 December 2013, 21 January 2014, 15 April 2014, and 20 April 2014, reflect the applicant failed two record APFTs, followed by passing a diagnostic test, and failing the latter APFT. DD Form 2807-1 (Report of Medical History), dated 20 May 2014, reflects the applicant reported behavioral health issues. Negative counseling statements for being recommended for an involuntary separation due to failing four APFTs; failing APFTs for second and third time; and pending flagging action. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Medical Record, dated 10 June 2014, reflects the applicant was diagnosed with (Axis I) Adjustment Disorder with Anxiety and Depression. Report of Medical Examination, undated, reflects the applicant was diagnosed with depression. 5. APPLICANT-PROVIDED EVIDENCE: Online application and DD Form 214. 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. Paragraph 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. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance is not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” “Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct.” 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, and the issues and document submitted with his application were carefully reviewed. The applicant’s service record confirms he was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT) by failing four separate APFTs within a five-month period. However, the service record does not contain any other derogatory information and it shows the preponderance of the applicant’s service was honorable. Further, Chapter 13, paragraph 13-2e states, in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations who have two consecutive failures of the Army Physical Fitness Test, and the reason for discharge will be shown as physical standards. The discharge was not consistent with the procedural and substantive requirements of the regulation, although it 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 28 September 2016, and by a 5-0 vote, the Board determined that the discharge is inequitable based on the overall length and quality of the applicant’s service, to include his combat service, information from the prior period of honorable service, and the circumstances surrounding the discharge. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. Further, regulations currently in effect provide the reason for the applicant’s discharge as physical standards. Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 to Physical Standards with the corresponding separation code of JFT. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Physical Standards d. Change SPD/RE Code to: AR 635-200, Chapter 13-2e e. Change SPD/RE Code to: Change SPT code to JFT / No Change to RE code. f. Restore 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013227 1