1. Applicant's Name: a. Application Date: 27 August 2020 b. Date Received: 2 September 2020 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 his PT tests because of a medical condition. He feels this should have been considered before discharging him general (under honorable conditions). He feels the circumstances surrounding his discharge were not fully considered and ultimately unfair. He will never be able to serve in the police force and do his part for this country, unless his DD Form 214 is upgraded. He was told that a general (under honorable conditions) discharge would not affect his life at all. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of asthma with notation the condition was still not controlled as of December 2017. It is more likely than not the applicant's uncontrolled asthma impacted his ability to perform on the APFT. While it is unclear if the applicant would have had a medical, EPTS, or related discharge, a characterization upgrade is recommended. In a records review conducted at Arlington, VA on 6 January 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on a Board judgement from asthma diagnosis. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. (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: 23 April 2018 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 26 March 2018 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he failed two consecutive Army Physical Fitness Tests. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 29 March 2018, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 August 2016 / 4 years b. Age at Enlistment / Education / GT Score: 20 / 1-year college / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25U10, Signal Support Systems Specialist / 1 year. 8 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15 dated, 17 November 2017, for having knowledge of a lawful order issued by SSG J.A., to write a 6000-word essay on the importance of AR 670-1, and how military appearance adherence can relate to readiness, or words to that effect, an order which it was his duty to obey, did fail to obey the same by wrongfully failing to turn in the essay as directed (2 October 2017); reduction to PV2 / E-2 (suspended), forfeiture of $418 pay (suspended), extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 19 January 2018, revealed that medical diagnoses were documented in AHLTA in accordance with AR 40-66. He was screened for substance use, PTSD, TBI, depression, and military sexual trauma (MST). He did not have a behavioral health condition that, in the clinical opinion of this provider, would constitute matters in extenuation that relate to the basis for administrative separation. He met psychiatric medical retention standards in accordance with AR 40-501, Chapter 3 and did not require referral to an MEB. He psychiatrically cleared for administrative separation at this time. CG Article 15 dated, 9 February 2018, for without authority, fail to go at the time prescribed to his appointed place of duty (10 January 2018); reduction to PV2 / E-2 (suspended) and extra duty and restriction for 14 days. The applicant received several negative counseling statements for various acts of misconduct and PT test failure. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement; 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 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 the characterization of service from general (under honorable conditions) 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 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 his PT tests because of a medical condition; and he feels this should have been considered before discharging him 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 applicant further contends, he feels the circumstances surrounding his discharge were not fully considered and ultimately unfair. The applicant bears the burden of presenting substantial and credible evidence to support this contention. 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 also contends, he will never be able to serve in the police force and do his part for this country, unless his DD Form 214 is upgraded. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant additionally contends, he was told that a general (under honorable conditions) discharge would not affect his life at all. The record of evidence shows that the applicant initialed his election of rights which he understood he may expect to encounter substantial prejudice in civilian life if a general (under honorable conditions) discharge was issued to him. 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 6 January 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on a Board judgement from asthma diagnosis. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. 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 AR20200009600 1