1. Applicant's Name: a. Application Date: 24 January 2016 b. Date Received: 29 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, the Army erred in discharging him under NGR 600 200, paragraph 6 35d(4). The applicant contends that he should have been sent to a medical evaluation board, he should have received an honorable discharge, and that he was way beyond entry level status when he was discharged. The applicant states that he was discharged nearly five years after he completed basic training. He was a superb Soldier and if it were not for his SVT (heart condition) and a torn ACL, he would have been commissioned as an officer. The applicant requested an upgrade of his discharge characterization through the Ohio Army National Guard. On 6 November 2015, the TAG State of Ohio disapproved the applicant's request for an upgrade of his discharge characterization. His separation from the Ohio Army National Guard warrants an uncharacterized discharge with a reenlistment eligibility code of RE-3. In a records review conducted at Arlington, VA on 10 May 2017, 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: Failure to Attend IET within 24 months / NGR / 600-200 / Paragraph 6-35d (4) / NA / RE-3 / Uncharacterized b. Date of Discharge: 4 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 January 2009 / 8 years b. Age at Enlistment / Education / GT Score: 36 / Bachelor's Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 5 years, 1 month, 14 days d. Prior Service / Characterizations: IADT, 12 May 2009 to 25 July 2009 / NA ARNG, 26 July 2009 to 15 July 2010 / NA ADT / OCS, 16 July 2010 to 10 December 2011 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR, OHBCTR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; State of Ohio, TAG memorandum; Active Duty report; State of Ohio memorandum for the TAG; State of Ohio, TAG memorandum for the applicant; letter, readiness NCO for the applicant; two support statements; and e-mail correspondence. (Note: Items 4-6 on the application, discharge orders, NGB Form 22 and NGB Form 22A were not attached with the application.) 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): National Guard Regulation (NGR) 600-200 and Army Regulation 135-178, govern procedures covering enlisted personnel of the Army National Guard. Chapter 6 of NGR 600-200, covers in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard. Paragraph 6-35d(4) of that regulation provides in pertinent part that individuals can be separated for failure to attend initial entry training (IET) within 24 months. Army Regulation 135-178, provides in pertinent part that a Soldier is in entry level status for the first 180 days of continuous active duty and the regulation requires an uncharacterized separation of service under this chapter. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was discharged under the provisions of Chapter 6, paragraph 6-35d(4), NGR 600-200, by reason of failure to attend initial entry training (IET) within 24 months with an uncharacterized separation of service. Barring evidence to the contrary, all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Army Regulation 135-178 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty and the regulation requires an uncharacterized separation of service under this chapter. The purpose of the entry- level status is to provide the Soldier a probationary period. For ARNG 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. An honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant contends that the Army erred in discharging him under NGR 600 200, paragraph 6 35d(4). 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was in error. The applicant further contends, he should have been sent to a medical evaluation board and that he should have received an honorable discharge. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was 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. The applicant also contends, he was way beyond entry level status when he was discharged; he was discharged nearly five years after he completed basic training. Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. After the applicant completed basic training, instead of going to advanced individual training he opted to attend Officer Candidate School (OCS). During OCS training, he was injured and could not complete OCS. He was released to his National Guard unit. Although he had completed more than 5 years of service; because he never began phase II of training, therefore he was still in entry level status. The applicant additionally contends, he was a superb Soldier and if it were not for his SVT (heart condition) and a torn ACL, he would have been commissioned as an officer. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the available evidence contained in the record and can only be viewed as speculative in nature. 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 10 May 2017, 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 NGB Form 22: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade 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 AR20160003172 1