1. Applicant's Name: a. Application Date: 25 August 2016 b. Date Received: 29 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, according to "AR 635-200, unless there is evidence to warrant a general (under honorable conditions) discharge, then the characterization of service is honorable." There was no misconduct information in her file and she has never been in any trouble during her entire four years of service, except for two failed record APFTs. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical or behavioral health condition that was mitigating for the reasons leading to an early separation. In a records review conducted at Arlington, VA on 25 October 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. OBH issues and medical condition for weight gain impacted APFT performance), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 31 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 August 2013 (2) Basis for Separation: The applicant has failed two record APFTs on 16 April 2013 and 2 July 2013, and she continues to not make improvements. She has been given ample time to correct the deficiency in the allotted time in accordance with AR 350-1. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 5 August 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 August 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 March 2012 / 3 years b. Age at Enlistment / Education / GT Score: 23 / 14 years / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 27D10, Paralegal Specialist / 4 years, 18 days d. Prior Service / Characterizations: RA (13 August 2009 to 29 February 2012) / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM; AAM-2; AGCM; NDSM; GWOTSM; KDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for record APFT failures and not being incompliance with AR 600-9, The Army Weight Control Program. Two Army Physical Fitness Test Scorecards, dated 16 April 2013 and 2 July 2013, show the applicant failed the two-mile run on both APFT dates. The applicant's record contains no UCMJ actions. She was separated at the grade of E-4/SPC. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 18 July 2013, indicates the applicant noted behavioral health issues. Report of Mental Status Evaluation, dated 12 July 2013, shows that the applicant was diagnosed with "AXIS I" as an "Adjustment Disorder," and she was cleared for administrative action. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 25 August 2016; and three character reference and supporting letters/statements, dated 23 August 2016, 24 August 2016, and 18 August 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD- related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 her general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The applicant's service record confirms that the applicant's discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The record further confirms she 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 four- 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. In consideration of the applicant's service accomplishments and quality of her service prior to the two APFT failures, the Board can find that her complete period of service was or was not sufficiently mitigating to warrant an upgrade of her characterization of service. Although the applicant did not raise any behavioral health issues, a careful review of the available record indicates the applicant's behavioral health issues symptoms existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to the bases for her discharge, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 25 October 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. OBH issues and medical condition for weight gain impacted APFT performance), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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 AR20160015271 4