ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 May 2019 DOCKET NUMBER: AR20170000500 APPLICANT REQUESTS: * an upgrade of his uncharacterized discharge on the Army National Guard (ARNG) * an upgrade of his uncharacterized discharge in the U.S. Army Reserve * issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Review Boards Agency Letter FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he needs to show an honorable discharge for both the National Guard and Army Reserve and that he wants to receive a new DD Form 214, because the Department of Veterans Affairs (VA) Loan is requesting it. 3. With respect to his ARNG discharge, the applicant’s request to this Board is premature. Army Regulation (AR) 15-185 (ABCMR) Paragraph 2-5, states the Board will not consider any application if it determines that the member has not exhausted all administrative remedies available to him/her. There is no evidence that the applicant has applied to the Adjutant General, ARARNG, and/or the National Guard Bureau for the correction he seeks, and his request was denied. 4. A review of the applicant's service records shows: a. He enlisted in the ARNG on 19 November 1998 for a period of 8 years. a. b. He entered active duty for training (ADT) on 2 February 1999. He was released from ADT on 16 April 1999 and transferred to the control of the ARNG. c. On 16 April 1999, he was released early from active duty and reverted back to the ARNG. d. On 11 May 2000, he was dismissed from the Officer Candidate School (OCS) (Phase II) due to personal problems, and without prejudice. He was reduced in grade from cadet 6 to specialist per orders number 074-007, dated 15 March 2001. e. His NGB Form 22 shows he was separated on 18 July 2001, per National Guard Regulation 600-200 (Personnel General –Enlisted Personnel Management) paragraph 8-26a (2), enlistment in any component of the Armed Forces with an uncharacterized character of service a certificate was not applicable and RE 1. f. On 19 July 2001, he enlisted in the USAR for a period of 8 years. j. The complete facts and circumstances surrounding his discharge from the USAR are not available for review. His service records contain Orders Number 01-310-019, issued by Headquarters, 90th Regional Support Command, ordering his discharge from the USAR per AR 135-178 from the USAR with an uncharacterized discharge effective 6 November 2001. 7. Army Regulation (AR) 135-178 provides policies, standards and procedures to ensure readiness and competency of the United States Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and U.S. Army Reserves (USAR) enlisted Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. Paragraph 2-19 of that same regulation states that a discharge certificate will be furnished Soldiers when they are honorably discharged or discharged under honorable conditions from the Army. Discharge certificates will not be issued: * where service is characterized as under other than honorable conditions * where the service is uncharacterized * on discharge for immediate reenlistment * on discharge from a cadet status on appointment as an officer or warrant officer BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the applicant failing to exhaust all administrative remedies concerning his National Guard discharge upgrade prior to applying to the ABCMR, the Board found that it was premature to consider the relief sought concerning the discharge upgrade. Additionally, the Board found a lack of evidence to show an error or injustice was present concerning the administrative discharge from the USAR. For that reason, the Board determined that the characterization of service received on the DD 214 was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 5/30/2019 6/ X CHAIRPERSON Signed by: I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations), in effect at the time, established policies, standards, and procedures governing the administrative separation of enlisted Soldiers from the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR). a. Chapter 2-19b states when a discharge certificate will not be issued. * where service is characterized as under honorable conditions, general, or under other than honorable conditions * where service is uncharacterized * on discharge for immediate reenlistment * on discharge from a cadet status on appointment as an officer or warrant officer b. Soldiers can be separated for a variety of reasons to promote readiness by maintaining high standards of conduct and performance. This regulation promotes the readiness of the Army by providing an orderly means to: * to judge the suitability of persons to serve in the Army on the basis of their conduct and their ability to meet required standards of duty performance and discipline * maintain standards of duty performance and conduct through characterization of service in a system that emphasizes the importance of honorable service * achieve authorized force levels and grade distribution * provide for the orderly administrative separation of enlisted Soldiers in a variety of circumstances c. AR 135-178 provides: * the authority for separation of soldiers upon expiration of their military service obligation * the authority and general provisions governing the separation of soldiers before the expiration of their service obligation to meet the needs of the Reserve components of the Army and its Soldiers * * criteria for characterizing or describing military service as being honorable, general (under honorable conditions), or under other than honorable conditions, and when the service is not characterized d. Paragraph 2-9a (Honorable Discharge) provides that an honorable characterization is appropriate when the quality of the member’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. An honorable characterization may only be awarded a Soldier upon completion of his or her service obligation, or where required under specific reason for separation, unless an uncharacterized description is warranted.