1. Applicant's Name: a. Application Date: 28 February 2020 b. Date Received: 22 May 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, AR 635-200, CH 3-7, paragraph 2, states that "When a Soldier is discharged before ETS [expiration term of service] for a reason for which an honorable discharge is discretionary, the following considerations apply:" Paragraph 3-7a (2)(a), "Where there have been infractions of discipline, the extent thereof should be considered, as well as the seriousness of the offense(s)." The applicant has never had an infraction of discipline, not even a negative counseling. Paragraph 3-7a (2)(b), "A Soldier will not necessarily be denied an honorable discharge solely by reason of the number of convictions by court-martial or actions under the UCMJ Art 15 [Uniform Code of Military Justice Article 15]. Conviction by a general court-martial or by more than one special court martial does not automatically rule out the possibility of awarding an honorable discharge." The applicant has never received an Article 15 or court martial. Paragraph 3-7a (2)(c), "An honorable discharge may be furnished when disqualifying entries in the Soldier's military record are outweighed by subsequent honest and faithful service over a greater period of time during the current term of service. It is a pattern of behavior and not the isolated incident that should be considered the governing factor in determination of character of service." During the applicant's service the applicant never received a negative reprimand of any kind to include counseling's or an Article 15. The applicant has without any doubt had an honest and faithful service, backed by awards and the testimony of peers and commanders, which by far outweighs any disqualifying entry to the applicant's military record. The only disqualifying entry in the applicant's record would be the failed Army Physical Fitness Tests (APFT), which is the isolating incident that according to the cited regulation above should not be considered. Paragraph 3-7a (2)(d), "Unless otherwise ineligible, a Soldier may receive an honorable discharge if [they have], during [their] current enlistment, period of obligated service, or any extensions thereof, received a personal decoration." During the applicant's service the applicant received an Army Achievement Medal and an Army Commendation Medal. A full list of awards are attached in a separate document. (A list was not submitted with the application; however, the applicant's DD Form 214 reflects the applicant's awards). In addition, the following errors were made in the applicant's discharge packet: 1) On page one of discharge packet, the brigade commander (approving authority) did not initial the option that the applicant was to be "Separated from the Army prior to the expiration of current term of service."{ 2) On the sixth page of the discharge packet, under "Note favorable communications or recommendations for the Soldier." The acting commander declared "None", however the applicant had several favorable communications or recommendations that could have very well changed the approving authority's decision. 3) On the sixth page of the discharge packet, under "Make note of any citation and awards:" The acting commander did not include the applicant's Army Commendation Medal with "C" Device, which was the applicant's highest award, and could have influenced the decision of the approving authority. b. Board Type and Decision: In a records review conducted on 12 May 2023, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, outweighing the basis for separation - two consecutive APFT failures - and as a result it is inequitable. 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. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Physical Standards / AR 635-200, Chapter 13-2E / JFT / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 June 2019 c. Separation Facts: The applicant's Army Military Human Resource Record (AMHRR) has the case separation on file. (1) Date of Notification of Intent to Separate: 6 May 2019 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed two consecutive APFT within 90 days. These tests were administered on 7 December 2018 and on 22 February 2019. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 13 May 2019 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 May 2019 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 January 2016 / 4 years, 24 weeks b. Age at Enlistment / Education / GT Score: 18 / High School Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 3 years, 5 months, 2 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (12 September 2017 - 30 May 2018) f. Awards and Decorations: AAM, ARCOM-C, AGCM, NDSM, GWOTSM, ACM-CS, ASR, OSR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: APFT Scorecards reflects the applicant failed record APFTs on 10 October 2018, 7 December 2018 and 22 February 2019. Orders 155-0174, dated 4 June 2019, reflect the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 13 June 2019 from the Regular Army. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; 13 third-party letters; Enlisted Record Brief; case separation packet; three APFT scorecards. 6. POST SERVICE ACCOMPLISHMENTS: Passed the Alaska Real Estate Licensing test and employed as a Realtor at RE/MAX Dynamic Properties in Anchorage, AK for 7 months. Currently a contractor for Technica LLC and a new equipment fielding technician for the United States Army Alaska (2 star command). The applicant is also currently taking classes at the American Military University for an Associate Degree in Supply Chain Management. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD, TBI, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. (2) Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. c. Army Regulation 15-180 (Army Discharge Review Board), sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, 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. (5) Paragraph 13-2c (previously paragraph 13-2e) states in pertinent part, 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. (6) Paragraph 13-8, stipulates the service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records. e. 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, in effect at the time, Chapter 13-2e, Physical standards. f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction (DODI) 1332.28. The applicant requests an upgrade to honorable. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends, in effect, the applicant has never had an infraction of discipline, not even a negative counseling, only the failed APFTs. AR 635-200, paragraph 3-5, in pertinent part, stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends, in effect, the applicant has never received a negative reprimand, an Article 15 or court martial. The applicant provides AR 635-200, paragraph 3-7a (2)(b), a Soldier will not necessarily be denied an honorable discharge solely by reason of the number of convictions by court-martial or actions under the UCMJ Article 15. Conviction by a general court-martial or by more than one special court martial does not automatically rule out the possibility of awarding an honorable discharge. The applicant contends, in effect, the applicant's only disqualifying entry in the applicant's record would be the failed APFTs, which is an isolated incident. The applicant has had an honest and faithful service, backed by awards and the testimony of peers and commanders, which far outweighs any disqualifying entry in the applicant's military record. The applicant provides AR 635-200, paragraph 3-7a (2)(c) states, an honorable discharge may be furnished when disqualifying entries in the Soldier's military record are outweighed by subsequent honest and faithful service over a greater period of time during the current term of service. It is a pattern of behavior and not the isolated incident that should be considered the governing factor in determination of character of service. Analyst provides AR 635-200, paragraph 3-5, in pertinent part, stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends, in effect, the applicant received an Army Achievement Medal and an Army Commendation Medal. The applicant provides AR 635-200, paragraph 3-7a (2)(d) states, unless otherwise ineligible, a Soldier may receive an honorable discharge if they have, during their current enlistment, period of obligated service, or any extensions thereof, received a personal decoration. The Board considers the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends, in effect, page one of the discharge packet, the brigade commander (approving authority) did not initial the option that the applicant was to be "Separated from the Army prior to the expiration of current term of service." The DD Form 214 in the applicant's AMHRR reflects the applicant was separated prior to the applicant's ETS. 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 applicant contends, in effect, the sixth page of the discharge packet, under "Note favorable communications or recommendations for the Soldier:" The acting commander declared "None", however the applicant had several favorable communications or recommendations that could have very well changed the approving authority's decision. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends, in effect, the sixth page of the discharge packet, under "Make note of any citation and awards:" The acting commander did not include the applicant's Army Commendation Medal w/"C" Device, which was the applicant's highest award, and could have influenced the decision of the approving authority. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The third party statements provided with the application including from the applicant's previous company commander speak highly of the applicant. They recognize the applicant exceeded expectations while performing in an E-5 supply sergeant position for 9 months. The applicant's only issue was physical fitness. They all agree that the applicant should have received an honorable character of service. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? No. The Board's Medical Advisor reviewed DoD and VA medical records and found no mitigating BH diagnoses on the applicant. The applicant provided no documents or testimony of a condition or experience, that, when applying liberal consideration, could have excused or mitigated a discharge. (2) Did the condition exist or experience occur during military service? N/A (3) Does the condition or experience actually excuse or mitigate the discharge? N/A (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): (1) The applicant contends, in effect, the applicant has never had an infraction of discipline, not even a negative counseling, only the failed APFTs. The Board considered this contention but ultimately did not address it during deliberations due an upgrade being granted based on the applicant's length and quality of service, to include combat service, outweighing the basis for separation. (2) Contention 2 The applicant contends, in effect, the applicant has never received a negative reprimand, an Article 15 or court martial. The Board considered this contention but ultimately did not address it during deliberations due an upgrade being granted based on the applicant's length and quality of service, to include combat service, outweighing the basis for separation. (3) The applicant contends, in effect, the applicant received an Army Achievement Medal and an Army Commendation Medal. The Board considered this contention but ultimately did not address it during deliberations due an upgrade being granted based on the applicant's length and quality of service, to include combat service, outweighing the basis for separation. (4) The applicant contends, in effect, the sixth page of the discharge packet, under "Note favorable communications or recommendations for the Soldier:" The acting commander declared "None", however the applicant had several favorable communications or recommendations that could have very well changed the approving authority's decision. The Board considered this contention but ultimately did not address it during deliberations due an upgrade being granted based on the applicant's length and quality of service, to include combat service, outweighing the basis for separation. (5) The applicant contends, in effect, the sixth page of the discharge packet, under "Make note of any citation and awards:" The acting commander did not include the applicant's Army Commendation Medal w/"C" Device, which was the applicant's highest award, and could have influenced the decision of the approving authority. The Board considered this contention but ultimately did not address it during deliberations due an upgrade being granted based on the applicant's length and quality of service, to include combat service, outweighing the basis for separation. c. The Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, outweighing the basis for separation - two consecutive APFT failures - and as a result it is inequitable. Accordingly, the Board voted to grant relief. The applicant may request a personal appearance hearing to address further issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, outweighing the basis for separation - two consecutive APFT failures. Thus, the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code, as the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20200007873 1