1. Applicant's Name: a. Application Date: 16 February 2018 b. Date Received: 23 February 2018 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 failed a PT test due to his right wrist and left hand being injured in service within approximately 30 days of surgery and was discharged. He believes this was unjust. He was supposed to be given time to recover and then 90 days of physical therapy before returning to normal duty. Within approximately 30 days after his last surgery, he was made to take a PT test. He failed the test and was discharged. In a records review conducted at Arlington, VA on 18 September 2020, 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: Physical Standards / AR 635-200, Chapter 13 / Paragraph 13-2e / JFT / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 1 October 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 23 September 2009 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed to be a productive member of the military. He was counseled for failing his PT test on 3 July 2009, 15 July 2009, and 30 July 2009. His behavior indicates that he will not conform to the rules and regulations of the US Army. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 September 2009, applicant consulted with legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 September 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 October 2008 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 18 years / GED Certificate / 90 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 11 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 7 August 2009, for without authority, fail to go at the time prescribed to his appointed place of duty (11 July 2009); and was disrespectful in language toward SSG L.W., a noncommissioned officer, who was then in execution of her office by saying ''I am not doing fucking PT," or words to that effect (27 July 2009); reduction to PVT / E-1, forfeiture of $326 pay, extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 16 September 2009, relates the applicant had the mental capacity to understand and participate in the proceedings, was mentally responsible and met the retention requirements of Chapter 3, AR 40-501. The applicant received numerous negative counseling statements for various acts of misconduct; failing PT tests, initial counseling and being recommended for separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); 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 document 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 failed a PT test due to his right wrist and left hand being injured in service within approximately 30 days of surgery and was discharged with a general (under honorable conditions); and he believes this was unjust; he was supposed to be given time to recover and then 90 days of physical therapy before returning to normal duty; and within approximately 30 days after his last surgery, he was made to take a PT test; and he failed the test and was discharged. 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. Further, before initiating discharge proceedings, the command ensured the applicant was appropriately counseled about his deficiencies which could lead to separation. The command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier. The evidence contained in the service record establishes the applicant was afforded a reasonable opportunity to overcome noted deficiencies. As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service. Also, the record contains medical documents showing that the applicant had issues with his hand and wrist. However, the applicant bears the burden of presenting substantial and credible evidence to support these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his medical issues prevented him from successful completing and passing his PT test. 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 18 September 2020, 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 AR20180006204 1