1. Applicant's Name: a. Application Date: 29 November 2018 b. Date Received: 24 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and the removal of all negative remarks regarding service. The applicant seeks relief contending, in effect, that the discharge was inequitable because it was based off of the commander statement: that the Commander was initiating action to separate the applicant for unsatisfactory performance. The applicant contends the commander only included PT failure counseling's in the discharge packet, previous PT Cards, and one incident where the applicant missed the PT Test but later went to the ER and obtained paperwork proving that the applicant was sick and that is why the applicant missed the PT Test. The command did not have any other paperwork showing that the applicant was disrespectful to noncommissioned officers, insubordinate, or dereliction of duty. In a records review conducted at Arlington, VA on 29 April 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: Unsatisfactory Performance / AR 635- 200 / Chapter 13 / JHJ / RE-3 / General Under Honorable Conditions b. Date of Discharge: 9 November 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 September 2018 (2) Basis for Separation: The applicant was informed of the following reasons: for failings to report to duty, insubordinate conduct and disrespect towards a noncommissioned officer, disobeying a noncommissioned officer on diverse occasions, dereliction of duty, and failing two Army Physical Fitness Tests. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 11 September 2018, the applicant declined the opportunity to speak with an attorney (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 October 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 May 2017 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-2 / 68X10, Behavioral Health Specialist / 1 year, 6 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Army Physical Fitness Test Scorecards dated 11 January 2018, 19 April 2018, and 12 July 2018. DD Form 2766 (Adult Preventive and Chronic Care Flowsheet) Report of Mental Status Evaluation, dated 9 August 2018, which indicates the applicant was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. The applicant was psychologically cleared for any administrative action deemed appropriate by the separation authority. Several negative counseling statement for various acts of misconduct and duty performance to include failing two record APFT's, failing to show for an Army Physical Fitness Test (record/diagnostic), and diagnostic APFT Failure. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and three letters of support relating to her character and work ethics. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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. Army policy states that a general (under honorable conditions) discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and the removal of all negative remarks regarding her service. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because of unsatisfactory performance which diminished the quality of her 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. The applicant seeks relief contending that her discharge was inequitable because it was base off of the commander statement: that he was initiating action to separate her for unsatisfactory performance. The applicant contends the commander only included PT failure counseling's in her discharge packet, previous PT Cards, and one incident where she missed the PT Test but later went to the ER and obtained paperwork proving that she was sick and that is why she missed the PT Test. The command did not have any other paperwork showing that she was disrespectful to noncommissioned officers, insubordinate, or dereliction of duty. The applicant's contentions were noted; 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that her discharge was inequitable. In fact, the applicant failings to report to duty (i.e. APFT), insubordinate conduct and disrespect towards a noncommissioned officer, disobeying a noncommissioned officer on diverse occasions, dereliction of duty (failing APFT's), and failing two Army Physical Fitness Tests justify Unsatisfactory Performance. 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. 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 29 April 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 AR20190003093 1