IN THE CASE OF: BOARD DATE: 19 June 2015 CASE NUMBER: AR20140007140 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to upgrade the characterization of his service from uncharacterized to general, under honorable conditions or honorable. 2. The applicant states, in pertinent part and in effect, he has more than 180 days of service. His discharge from the Army National Guard does not include his Army Reserve time. He enlisted in June 2002. His recruiter informed him not to reveal to anyone he had a plate in his hand that would require a waiver. He did that and was discharged with a UNC. He reenlisted in December 2004 and completed his training in March 2005. He continued to drill with his unit in Pennsylvania. The two-hour commute one-way became a burden, so he requested and was conditionally released. He enlisted in the Army National Guard in January 2006. While he was waiting for his MOS training orders, he was involved in a serious automobile accident. The Guard backdated his discharge by 23 days after his enlistment. An upgrade would allow him to receive 10-points for his service and an employment with a state correctional institute. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 April 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 30 January 2006 d. Reason/Authority/SPD/RE Code: Erroneous Enlistment or Extension, NGR 600-100, Paragraph 8-26g(2), NA, RE-3 e. Unit of assignment: HHC, 1/103rd AR Rear, Johnstown, PA f. Current Enlistment Date/Term: 7 January 2006, 4 years, 22 weeks g. Current Enlistment Service: 0 years, 0 months, 24 days h. Total Service: 1 year, 3 months, 1 day i. Time Lost: None j. Previous Discharges: RA (021008-021120) / UNC USAR (041213-060106) / NA k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 105 n. Education: GED o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record of enlistment presented by the applicant shows he enlisted in the Army National Guard on 7 January 2006, for 4 years and 22 weeks (NIF). The record of service shows he was 22 years old at the time of entry and had a high school equivalency (GED). He attended basic training between January 2005 and April 2005, a split option training. He was unable to attend the MOS Military Occupational Specialty (MOS) training he enlisted for, because he was unable to obtain a security clearance. His record documents no acts of valor or significant achievement. He completed 1 year, 3 months, and 1 day of reserve and active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The specific facts and circumstances pertaining to the applicant’s discharge from the Army National Guard State of Pennsylvania and as a Reserve of the Army are not contained in the available records. 2. The record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which shows the applicant was unavailable for signature. It indicates that the applicant was discharged under the provisions of Chapter 8, paragraph 8-26g(2), NGR 600-200, by reason of erroneous enlistment or extension with an uncharacterized service and a reenlistment eligibility (RE) Code of "3." 3. On 3 February 2006, the Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, The Adjutant General, Annville, PA, Orders 034-1000, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 30 January 2006, with an uncharacterized discharge. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. 5. On 17 September 2013, the Director, Office of Policy and Legislative Affairs, on behalf of the Adjutant General, State of Pennsylvania, reviewed the applicant’s request for an upgrade of his discharge and explained that the discharge from the ARNG was proper and equitable. It determined that the Soldier’s enlistment in the ARNG was erroneous because he had not completed his initial entry training with the Military Entrance Processing Station in accordance with NGR 600-200. Accordingly, because he did not complete the required training to become MOS qualified and having served less than 180 days of active duty, he was considered to be in an entry level status; therefore, his discharge was uncharacterized. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders described at the preceding paragraph 3. 2. There are no negative counseling statements or actions under the Uniform Code of Military Justice in the record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided his discharge Orders for service under current review; Congressional correspondence with its associated documents, dated 21 April 2014; memorandum, dated 25 November 2005, subject: Request for Conditional Release; DD Form 368, Request for Conditional Release, dated 7 January 2006; ARNG enlistment contract, dated 7 January 2006; REDD Report [the applicant], dated 22 October 2012; chronological statement of retirement points, dated 26 July 2005; counseling statement, dated 21 September 2006 (sic); PQR, dated 15 August 2006; and conditional release checklist, dated 19 June 2006. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel management of the Army National Guard. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard. Paragraph 8-26g(2) of that regulation provides in pertinent part that individuals can be separated for erroneous enlistment or extension. Army policy states that an honorable discharge is normally considered appropriate. Army Regulation 135-178 provides in pertinent part, that a Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty and the regulation requires an uncharacterized separation of service under this chapter. 2. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the ARNG and as a Reserve of the Army. However, the record contains a properly constituted NGB Form 22, Report of Separation and Record of Service, which was not authenticated by the applicant’s signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The regulation stipulates that a separation will be described as entry-level status with service uncharacterized if, at the time a separation action is initiated, the Soldier had less than 180 days of continuous active duty service, or if the Soldier is on a split option of completing Phase I BT or basic combat training (BCT), he would remain in entry-level status until 90 days after beginning Phase II, the required training to become MOS qualified. 3. The NGB Form 22 indicates the applicant was discharged under the provisions of NGR 600-200, paragraph 8-26g(2), by reason of entry level status and erroneous enlistment or extension, with a characterization of service described as uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant's contention about serving more than 180 days with the Army Reserve was carefully considered. However, a general, under honorable conditions discharge (GD) is not authorized under ELS conditions and an upgrade to honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty. The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. His separation with an uncharacterized service was within the criteria of the regulatory guidelines. Further, an uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. 5. The applicant contends his discharge should have been medical; however, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge may have been the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 6. 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., the discharge packet, including documentary evidence showing the impending MOS training orders and medical evidence of his accident) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record, although the State National Guard provided a description of the applicant’s discharge. 7. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 19 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140007140 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1