1. Applicant's Name: a. Application Date: 3 October 2016 b. Date Received: 19 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general, under honorable conditions to honorable. The applicant seeks relief contending, in effect, he was wrongfully discharged and it is hurting his after service life tremendously. He was told by his chain of command he would be able to finish his career and ETS with an honorable discharge. His ETS date was January 13th and that was the day he was separated from the military. He believe that he fulfilled his initial contract and should have been given an honorable discharge. He would have been medically discharged if he had been given a permanent profile earlier. He feels it was extremely unfair for him to take the APFT on profile; and he would not have failed and been chaptered with a general discharge. He was misled and lied to by his chain of command; and under the same chain of command a Soldier failed multiple APFT's and was discharged with an honorable discharge. In a records review conducted at Arlington, VA on 23 March 2018, and by a 4-1 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 / Paragraph 13-2E / JFT / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 January 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 26 October 2015 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed two consecutive record Army Physical Fitness Tests within a ninety day period. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 July 2012 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 3 years, 6 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15 dated, 10 June 2014, for behaving himself with disrespect toward 1LT J.S.B., his superior commissioned officer, by saying to him "f you sir" or words to that effect (14 May 2014); reduction to PV2 / E-2, extra duty for 14 days and an oral reprimand. Report of Mental Status Evaluation dated, 14 May 2015, relates that the applicant was screened for PTSD and mTBI, both screens were negative. He screened negative for all psychiatric disorders, and there is no psychiatric disease or defect that warranted disposition through medical channels in accordance with AR 40-501, Standards of Medical Fitness. He was deemed mentally sound, considered accountable for his actions, and subject to the normal channels of counseling and discipline. He had the mental capacity to understand and participate in board or other administrative proceedings. The applicant received two negative counseling statements regarding PT test failure. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; VA disability rating; physical profile; and a DD Form 214. 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 the characterization of service from general, under honorable conditions to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because of unsatisfactory performance which diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant's service mitigated the duty performance, such that he should have been retained on Active Duty. The applicant seeks relief contending, he was wrongfully discharged and it is hurting his after service life tremendously; and he was told by his chain of command he would be able to finish his career and ETS with an honorable discharge. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant further contends, his ETS date was January 13th and that was the day he was separated from the military; and he believe that he fulfilled his initial contract and should have been given an honorable discharge. The separation authority's memorandum is undated; however, in all likelihood the separation was approved well before 13 January 2016. In the absence of credible evidence to rebut the presumption, government regularity is presumed in the discharge process. The applicant also contends, he would have been medically discharged if he had been given a permanent profile earlier. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. The applicant additionally contends, he feels it was extremely unfair for him to take the APFT on profile; and he would not have failed and been chaptered with a general discharge. The record of evidence shows that the applicant failed record APFTs on 19 August 2015 and 30 September 2015. However, the applicant's profile was not approved until 20 November 2015. Therefore, when the applicant failed record APFTs he was not on a valid profile. Lastly, the applicant contends, he was misled and lied to by his chain of command; and under the same chain of command a Soldier failed multiple APFT's and was discharged with an honorable discharge. 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 characterization 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 23 March 2018, and by a 4-1 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD Code to: No Change f. Change RE Code 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 AR20160019499 1