1. Applicant's Name: a. Application Date: 3 March 2016 b. Date Received: 11 March 2016 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 pertinent part and in effect, an upgrade would allow him to further his education by attending a university. He was discharged due to not being able to complete the two-mile run in the required time. He was consistently 27 seconds slow in his two-mile runs. In a records review conducted at Arlington, VA on 2 June 2017, and by a 5-0 vote, the Board determined the discharge is too harsh based on regulations currently in effect, which provide the reason for the applicant's discharge as physical standards, and the circumstances surrounding his discharge. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 13-2e, the narrative reason for separation to Physical Standards, and the separation code to JFT. (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: 7 November 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 September 2008 (2) Basis for Separation: The applicant failed to meet the minimum standard for the Army Physical Fitness Test on two separate occasions, on 4 January 2008 and 7 May 2008. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 10 September 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 October 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 February 2007 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 119 c. Highest Grade Achieved / MOS / Total Service: E-2 / 25C10, Radio Operator/Maintainer / 1 year, 8 months, 16 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Five Army Physical/Fitness Test Scorecards, indicate the applicant failed: the push-up and 2-mile run portions of the diagnostic APFT on 5 December 2007; the 2-mile run on 4 January 2008 record APFT; the 2-mile run portions of two diagnostic APFTs on 11 February and 1 April 2008; the 2-mile run on 1 May 2008, record APFT; the 2-mile run portions of two diagnostic APFTs on 4 June and 1 July 2008; and the 2-mile run on 5 August 2008, record APFT. Negative counseling statements for failing record APFTs and performance being substandard. There is no record of any actions under the UCMJ. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 3 March 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 "JFT" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Paragraph 13-2e as Physical Standards. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFT" will be assigned an RE Code of 3. It also 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 his general (under honorable conditions) discharge to honorable. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's service record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service. The record further confirms he was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT) by failing two separate APFTs within a five-month period. However, the service record does not contain any other derogatory information. Army Regulation 635-200, 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 AR 635-5-1, specifies that the reason for discharge will be shown as physical standards. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends that an upgrade of his discharge would allow educational benefits to further his education 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 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 his 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 2 June 2017, and by a 5-0 vote, the Board determined the discharge is too harsh based on regulations currently in effect, which provide the reason for the applicant's discharge as physical standards, and the circumstances surrounding his discharge. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 13-2e, the narrative reason for separation to Physical Standards, and the separation code to 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 Authority to: AR 635-200, Chapter 13-2e e. Change SPD / RE Code to: Change SPD to JFT / No change to RE code 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 AR20160005866 4