1. Applicant's Name: a. Application Date: 26 January 2017 b. Date Received: 31 January 2017 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 effect, she was on a profile due to a left knee surgery for 53 days. She was required to take an APFT test within two weeks after the expiration of her profile. She failed the APFT and was discharged for unsatisfactory performance. According to Army regulations, there should be a recovery period after the end of the profile that should is twice the length of the profile, but not to exceed 90 days. In a records review conducted at Arlington, VA on 11 May 2018, 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: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 November 2011 (2) Basis for Separation: The applicant was informed of the following reasons: She failed to report to her appointed place of duty at the prescribed on multiple occasions. She was derelict in the performance of her duties. She has shown disrespect towards noncommissioned officers of her unit. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 November 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 December 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 March 2010 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-3 / 74D10, Chemical Operations Specialist / 1 year, 10 months, 15 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Army Physical Fitness Test Scorecard, dated 7 March 2011, indicates the applicant failed a record APFT, by failing the two-mile run. Negative counseling statements for being disrespectful towards an NCO on numerous occasions; disobeying a lawful order; performance being below standard; being AWOL; failing to go to her appointed place of duty at the prescribed time on numerous occasions; being insubordinate towards an NCO; treating with contempt and being disrespectful in language and deportment towards an NCO; failing to report to her appointment; maintaining a substandard barracks room; being a diagnostic APFT failure; lacking motivation; falling out of company run and disappearing; failing to follow orders; having an improper relationship with an NCO; losing military property; violating the Army Core Values; creating a hostile work environment; provoking speeches and gesture; CG Article 15, dated 14 September 2011, for failing to go to her appointed place of duty at the prescribed time on 6 July 2011, being disrespectful in language towards and NCO on 8 June 2011, disobey an NCO on 25 July 2011, and failing to be in the proper uniform on 25 July 2011. The punishment consisted of a reduction to E-2, forfeiture of $383, 14 days of extra duty, and 14 days of restriction (suspended). Report of Behavioral Health Evaluation, dated 30 September 2011, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by her command. 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 26 January 2017; PRT/APFT Fact Sheet; and DD Form 214. 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 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. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases.. 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 "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 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. By the unsatisfactory performance, the applicant diminished the quality of her service below that meriting an honorable characterization of service. 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 she should have been retained on Active Duty. The applicant contends the discharge was unjust because she had profile due to a left knee surgery for 53 days and she was required to take an APFT test within two weeks after the expiration of her profile; thereby, failing the APFT, she was discharges for unsatisfactory performance. 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 her issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that she may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the 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 character of the applicant's discharge is commensurate with her 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 11 May 2018, 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 Authority to: No Change e. Change SPD / 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 AR20170003544 1