1. Applicant's Name: a. Application Date: 23 March 2017 b. Date Received: 24 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that the applicant was separated from the United States Army on 22 November 2016 for failure to maintain Army physical fitness standards and weight control standards. The applicant contends that Command team; (CPT J and SFC B) at the Bavaria Military Intelligence Detachment (BMID) recommended to the approving authority that the applicant receive an Honorable Discharge. The approving authority issued a General (Under Honorable Conditions Discharge on 18 November 2016. The applicant believes the work ethic and performance did not falter regardless of the disciplinary action for failure to pass APFT and height and weight. As a Soldier with the BMID, the applicant was relied upon heavily and continue to work hard toward future goals. The Detachment Sergeant for the BMID reached out often to ensure the applicant was doing well and ensured the applicant that he would write a character reference or employment recommendation if the applicant ever needed one. In a records review conducted at Arlington, VA on 12 August 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service. 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: Physical Standards / AR 625-200 / AR 635-200 / Chapter 13-2e / General (Under Honorable Conditions) b. Date of Discharge: 21 January 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 October 2016 (2) Basis for Separation: The applicant was informed of the following reasons: for unsatisfactory performance for having failed a record Army Physical Fitness Test on or about 19 April 2016 and 18 July 2016. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 25 October 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 October 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 October 2013 / 3 years, 34 weeks b. Age at Enlistment / Education / GT Score: 19 / 14 years / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35M10, Human Intelligence Collector / 3 years, 2 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Army Physical Fitness Test Scorecards dated 16 May 2016, 13 June 2016, and 18 July 2016. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, the Report of Mental Status Evaluation, submitted by the applicant indicates the applicant could understand and participated in administrative proceedings. The applicant was cleared for administrative proceedings by Behavioral Health. 5. APPLICANT-PROVIDED EVIDENCE: Online application; enlisted record brief (ERB); Separation File (i.e., Army Physical Fitness Test Scorecards dated 6 October 2015, 26 October 2015, 21 March 2016, 19 April 2016, 16 May 2016, 13 June 2016, and 18 July 2016; several negative counseling statements, report of mental statues evaluation, report of medical history, deployment history); enlistment contract; and DD Form 214 for the period of service under review. 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 his general (under honorable conditions) discharge 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. 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. The applicant seeks relief contending that he was separated from the United States Army on 22 November 2016 for failure to maintain Army physical fitness standards and weight control standards. The applicant contends that his Command team;(CPT Jareth Melcher, and SFC Bryson Briles) at the Bavaria Military Intelligence Detachment (BMID) recommended to the approving authority that he receive an Honorable Discharge. The approving authority issued a General (Under Other Than Discharge on 18 November 2016. He believes his work ethic and performance did not falter regardless of the disciplinary action for failure to pass his APFT and height and weight. During his time as a Soldier with the BMID he was relied upon heavily and continue to work hard toward his future goals. The Detachment Sergeant for the BMID reached out to him often to ensure he was doing well and he ensured him that he would write a character reference or employment recommendation if he ever needed one. The applicant's contentions were noted; however, as noted in the notification memorandum from the unit commander, although the unit commander recommended an honorable discharge, the separate authority was not bound by his recommendation and the separation authority was authorized to direct that the applicant's service be characterized as honorable or general (under honorable conditions). 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 12 August 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service. 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 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 AR20170004316 1