1. Applicant's Name: a. Application Date: 16 June 2018 b. Date Received: 27 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, served two years and seven months as a licensed practical nurse (68C) and provided care for 1,000 veterans and their families. Aside from failing the APFT twice, the applicant served honorably. The applicant extended the highest quality medical care to civilians, and veterans and their families. The applicant received letters of recommendation to West Point. The applicant was nominated for a "Daisy Award" for outstanding nursing care. The discharge is inequitable, because according to AR 635-200, characterization of a discharge would be based upon a pattern of behavior, other than an isolated incident. The discharge was improper, because the applicant was denied the opportunity to (the application does not provide the complete assertion(s)). In a records review conducted at Arlington, VA on 24 January 2020, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length 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 635-200, Paragraph 13-2e / JFT / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 May 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 April 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed two consecutive record Army Physical Fitness Tests (APFTs) on 12 October 2017, and 3 January 2018. (3) Recommended Characterization: The unit commander recommended Honorable, and General (Under Honorable Conditions) (4) Legal Consultation Date: 30 April 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 May 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 October 2015 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 126 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68C10, Practical Nurse Specialist / 2 years, 6 months, 28 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Army Physical Fitness Test Scorecards with the following APFT results: 12 October 2017, record APFT, the applicant failed the 2-mile run (16:34 / 50 points); 1 November 2017, diagnostic APFT, the applicant failed the 2-mile run (17:25 / 38 points); 6 December 2017, diagnostic APFT, the applicant failed the 2-mile run (16:18 / 54 points); 3 January 2018, record APFT, the applicant failed the 2-mile run (17:10 / 42 points); and 7 February 2018, diagnostic APFT, the applicant failed the 2-mile run (16:10 / 56 points). Counseling statements for failing a diagnostic APFT (7 February 2018, 2-mile run at 16:10 and 56 points); encouraging to continue to maintain progress; consequences of failing to maintain standards; failing a second record APFT (3 January 2018, 2-mile run at 17:10 and 42 points); mandatory bar to continued service being initiated; and failing to report (8 March 2018). Report of Mental Status Evaluation, dated13 February 2018, providing no diagnosis, cleared the applicant for administrative actions. There is no record of any derogatory information or action under the UCMJ. 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 16 June 2018; ERB; separation file; and iPERMS documents. (Note the applicant also cited several attachments; however, they are not available with his application.) 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation 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. Paragraph 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 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 "JFT" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, paragraph 13-2e, 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable performance of duty by military personnel. The record further confirms the applicant was discharged for the sole reason of failing to meet the minimum standards of the Army Physical Fitness Test (APFT). The service record does not contain any other derogatory information. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that his service mitigated the duty performance, such that he should have been retained on Active Duty. In consideration of the applicant's service accomplishments and quality of his service prior to the APFT failures, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends his discharge was improper, because he was denied the opportunity; however, the opportunity he was denied of, is an incomplete contention within his application. There is also 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 his issues. 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's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., his complete application with cited attachments that were not available) or other sufficient evidence for the Board's consideration because they were not available in the official record and/or included in the applicant's documentary evidence. Based on the available record, 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 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 24 January 2020, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length 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 AR20180012217 1