IN THE CASE OF: BOARD DATE: 22 March 2021 DOCKET NUMBER: AR20180015284 APPLICANT REQUESTS: reinstatement in the Army National Guard (ARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Inactive Army National Guard (ING) Soldier Request * Victim of Sexual Assault Statement for Administrative Separation memorandum * Request for Leave/Alternate Annual Training * MEDPROS Report * Memorandum For Record (MFR) * AGO Form 37-1 (Verification of Duty Performance) * DA Form 4856 (Developmental Counseling Form) * email correspondence * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DA Form 1559 (Inspector General (IG) Action Request) * two support memoranda and two letters FACTS: 1. The applicant states: a. He is requesting to be reinstated in the ARNG, as if his discharge never happened, including his time in grade and pay. He was placed into an ING status and the noncommissioned officer (NCO) who was processing his paperwork assured him that his expiration of term of service (ETS) date would be extended, because he was in an ING status and it would not count as time served. He was not afforded an opportunity to extend before his ETS. He was not contacted at any time prior to his ETS to afford him the opportunity to extend his ETS and he did not contact the unit either, based off the misinformation he received that it would be automatic. b. He was a member of the Oregon ARNG (ORARNG) and was assigned to Bravo 141. He was recently involuntarily discharged from the ARNG after being in an ING status for a year. The NCO (Sergeant A_.), who handled his packet assured him that while in ING status his ETS would be extended for the same time period. His ING status was from April 2017 to April 2108 [sic 2018] and his ETS was February 2018. He received his discharge notice on 7 June 2018. He was never notified by his leadership that his discharge was happening or offered a chance to reenlist. When talking to the NCO in charge of this, the NCO told him that he was still on the books during the last drill. He contacted the NCO to see if there was anything that could be done, since this was not his fault and he said no. He then contacted the IG and they stated there was nothing they could do. He then filed a congressional inquiry on 21 June 2018 with the Office of the Governor and was contacted by G_ on 23 June 2018. 2. The applicant provides his: a. ING Soldier Request, dated 22 March 2017, wherein he requested to be placed on an ING status for the 1 year maximum. b. Victim of Sexual Assault Statement for Administrative Separation memorandum, dated 20 March 2017, wherein he stated he was not a victim of sexual assault. c. Undated Request for Leave/Alternate Annual Training, wherein he requested leave from 16 to 30 June 2017 and stated he was requesting an ING for 1 year in order to complete the settling of him and his family into their new residence in Wyoming. d. MEDPROS Report, dated 20 March 2017, pertaining to his medical record. e. MFR, dated 27 March 2017, stating he had cleared Company B. f. AGO Form 37-1, dated 30 March 2017, certifying his duty had been completed. g. DA Form 4856, dated 30 March 2017, wherein he received counseling pertaining to his transfer to the ING, effective 31 March 2017. h. NGB Form 22, for the period from 29 February 2012 to 28 February 2018. i. Email correspondence, dated between March and June 2018, pertaining to updating his medical profile for his hip medical condition. j. DA Form 1559, dated 11 June 2018, wherein he requested assistance for returning to the ARNG. k. Letter, dated 27 June 2018, wherein the IG Office advised him that after a thorough analysis of the concerns he outlined, their office determined he must talk to his local recruiter if he wished to rejoin the ARNG. l. Two support memorandum, dated 28 August and 24 September 2018, wherein two members of the ORARNG attested the applicant sought their advice pertaining to his return to the ARNG. m. Letter, dated 25 September 2018, wherein the ORARNG advised a Member of Congress of the following: (1) They reviewed the applicant’s records and found he had transferred from an active drilling status into the ING on 31 March 2017, so he could get himself and his family settled into his new place of residence in Wyoming. While in the ING, his ETS came up and he was subsequently discharged from the ORARNG on 28 February 2018. They contacted him to discuss his questions and concerns about his discharge from the ORARNG. In speaking with him, they learned that it was not his desire to be discharged and he wanted to continue to serve and Interstate Transfer to the Wyoming ARNG once he was settled in. (2) According to him, he was told by his unit that his ETS would be extended automatically while in the ING and he did not know he had been discharged until he received the discharge certificate in the mail. They explained to him that despite what he had thought about being extended, his ETS could not automatically be extended without him signing a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment). Unfortunately, provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) did not allow them to revoke discharge orders after the effective date. When it was determined that a Soldier had been separated in error or in this case miscommunication, a Soldier could reenlist if qualified. (3) Although, he met retention standards for continued service, regrettably, he did not meet the current enlistment standards to reenlist. They had exhausted all other means of assisting him continuing his service and due to his situation, he would need to appeal to the Army Board for Corrections of Military Records. They were currently in contact with him and were are assisting him through that process. 3. Review of the applicant’s service records show: a. He enlisted in the ORARNG on 29 February 2012, for a period of 6 years. At the time of his enlistment, he executed a Guard Annex, wherein he acknowledged he agreed to serve 6 years as an assigned member of a troop program unit in the Selected Reserve and 2 years as an assigned member of the Individual Ready Reserve (IRR). b. He entered on active duty for training (ADT) on 14 May 2012. He completed training and was awarded military occupational specialty 91E (Machinist). He was honorably released from ADT on 14 December 2014 and was transferred to the ORARNG. c. Orders Number 122-002, issued by the Joint Force Headquarters, ORARNG on 2 May 2017, announced his transfer to the ING per his request, effective 31 March 2017. d. He was honorably released from the ORARNG, in pay grade E-4, on 28 February 2018, under the provisions of NGR 600-200, paragraph 6-36N, by reason of Expiration of Active Status Commitment (ETS). He was transferred to the U.S. Army Reserve Control Group (IRR). His NGB Form 22 shows he completed 6 years of net service this period. This form also shows: * he was assigned Reentry Eligibility (RE) Code 1 * his Terminal Date of Reserve/Military Service Obligation was 28 February 2020 * he was not available to sign the form e. Orders Number 072-002, issued by the Joint Force Headquarters, ORARNG on 13 March 2018, announced his honorable discharge from the ORARNG and reassignment to the IRR, by reason of ETS, effective 28 February 2018. 4. By regulation NGR 600-200, a Soldier will be separated for Expiration of Active Status Commitment, such as at the end of 6 years of a 6x2 enlistment option. The member will be assigned RE-1 and that code is assigned when a Soldier is fully qualified for reentry. There were no provisions to revoke a discharge order after its effective date. BOARD DISCUSSION: 1. After reviewing the application, evidence in the records and all supporting documents, the Board found that relief was not warranted. 2. The applicant’s contentions and regulatory guidance were carefully considered. The applicant was discharged from the ORARNG due to the expiration of his term of service. Based on documentation indicating the applicant was properly informed on reenlistment options and, in the absence of documented affirmative action on the part of the applicant to timely reenlist, the Board saw no compelling reason to grant the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX 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. 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: National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), govern procedures covering enlisted personnel management of the Army National Guard. The regulation states in: a. Paragraph 6-36N – an individual can be separated for Expiration of active status commitment in the Selected Reserve, such as at the end of 6 years of a 6x2 enlistment option. The member will be assigned RE-1. There is no provision to revoke a discharge order after its effective date. b. Table 6-1 (Definition of RE Codes) – the RE Code 1 is assigned when a Soldier is fully qualified for reentry. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015284 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1