IN THE CASE OF: 

		BOARD DATE: 28 March 2023

		DOCKET NUMBER: AR20220005929


APPLICANT REQUESTS: correction of the character of service shown on his NGB 
Form 22 (Report of Separation and Record of Service) from uncharacterized to 
honorable. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	NGB Form 22 ending on 1 June 2011
*	Department of Veterans Affairs (VA) correspondence

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, 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 it states on his NGB document that his discharge was 
uncharacterized, and he was discharged honorable medical. He was discharged 
honorable medical due to an injury he sustained on his national guard weekend duty. 
He needs this corrected, as he is applying for a VA home loan. 

3.  Review of the applicant’s service records shows: 

	a.  He enlisted in the New Jersey Army National Guard (NJARNG) on 14 May 1997.

	b.  He entered active duty from 27 June 1997 to 4 September 1997 and completed 
basic combat training. He was issued a DD Form 220 (Active Duty Report) that 
captured his active service. 

	c.  On 23 April 1998, with consent of the Governor of New Jersey, the applicant was 
ordered to active duty for training for completion of AIT. He was ordered to report to Fort 
Gordon, GA on or about 24 July 1998 for training in military occupational specialty 
(MOS) 35F.
	d.  On 28 July 1998, by memorandum to the Commander, U. S. Army Signal Center, 
Fort Gordon, GA, the NJARNG requested that the Signal Center return the Soldier to 
state control. Soldier unable to complete AIT Training in time to start college in 
September.

	e.  On 11 July 2000, with consent of the Governor of the applicant was ordered to 
active duty for training for completion of AIT. He was ordered to report to Fort Jackson, 
SC on or about 2 January 2001 for training in MOS 75B. 

	f.  There is no indication he reported for AIT or completed MOS training, and without 
being duty MODS qualified, his unit reported him in an excess status. 

	g.  On 26 August 2000, at NJMA, Sea Girt, NJ, the applicant was assisting with 
retention activities with the 1st of the 114 Infantry, during his lunch break he was playing 
frisbee with other soldiers and jumped to catch the frisbee, when he landed, he twisted 
his knee and fell to the ground in pain. The applicant felt that he would be alright if he 
rested the knee overnight. Upon first formation, he informed his platoon sergeant that 
he was in pain and felt that he would require medical treatment at that point.

	h.  By memorandum to The Adjutant General, the Director Personnel & Community 
Services, NJARNG approve the applicant’s injury in line of duty. 

	i.  On 29 June 2011, Department of Military and Veterans Affairs, NJARNG 
published Orders 180-014 discharging the applicant from the ARNG effective 1 June 
2001 with an uncharacterized discharge in accordance with National Guard Regulation 
(NGR) 600-200 (Enlisted Personnel Management), paragraph 8-27n, 

	j.  The applicant was discharged from the ARNG on 1 June 2001. His NGB Form 22 
shows he was discharged in accordance with NGR 600-200, paragraph 8-27n due to 
expiration of period in excess status. He completed 1 year, 6 months, and 1 day of 
ARNG service. He was never awarded an MOS. 

4.  MEDICAL REVIEW:

The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  
    a.  The applicant is applying to the ABCMR requesting an upgrade of his 
uncharacterized discharge, and, in essence, a referral to the Disability Evaluation 
System.  He states:

“It states on my NGB doc that my discharge was uncharacterized and I was 
discharged honorable medical.  I was discharged honorable medical due to an 
injury I sustained on my National Guard weekend duty.  I need that corrected; I 
am applying for a VA home mortgage.”

    b.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  His Report of Separation and Record of Service (NGB Form 
22) shows he entered the Army National Guard on 14 May 1997 and received an 
uncharacterized discharge from the New Jersey Army National Guard (NJARNG) on 1 
June 2001 under provisions provided in paragraph 8-2n of NGR 600-200, Enlisted 
Personnel Management (1 March 1997): Expiration of period in excess status.  It shows 
the applicant was not MOS qualified and had not completed any military education.

    c.  Orders dated 23 April 1998 show the applicant was to report to Ft. Gordon on 24 
July 1998 for advanced individual training (AIT) to be a military intelligence specialist 
(military occupational specialty (MOS) 35F).  On 20 July 1998, he declined to undergo a 
separation medical examination.

    d.  The applicant did not complete this AIT.  On 28 July 1998, the NJARNG sent a 
request to the U.S Army Signal Center at Ft. Gordon requesting return of their Soldier: 
“Request that you return soldier to state control.  Soldier unable to complete AIT 
Training in time to start college in September.”

    e.  Orders dated 11 July 2000 show he was to report to Ft. Jackson for AIT to be a 
Personnel Administration Specialist (75B) with an alternate military occupational 
specialty of 35F.  His NGB 22 shows he did not complete this AIT.

    f.  In an undated memorandum, the applicant received approved line of duty 
determination for a right knee sprain from the NJARNG.  From the accompanying 
Statement of Medical Examination and Duty Status:

“At approximately 1330, on 26 August 00, at NJMA, Sea Girt, NJ , PFC 
{Applicant} was assisting with retention activities with the 1st 114th INF, during 
his lunch break PFC {Applicant} was playing frisbee with other soldiers and 
jumped to catch the frisbee, when PFC {Applicant} landed he twisted his knee 
and fell to the ground in pain. PFC {Applicant} felt that he would be alright if he 
rested the knee overnight.  Upon first formation, PFC {Applicant} informed SGT 
his PLT SGT, that he was in pain and felt that he would require medical 
treatment at that point.”

    g.  He was evaluated in a local emergency department on 26 August 2000 where he 
was diagnosed with a right knee sprain and conservative treatment was initiated.  The 
final medical document is from a military provider who on 12 September 2000 referred 
the applicant for plain radiographs and an MRI of the right knee.

    h.  There is no evidence the applicant’s knee condition or any duty incurred medical 
condition would have failed the medical retention standards of chapter 3 of AR 40-501, 
Standards of Fitness, prior to his discharge.  Thus, there was no cause for referral to the 
Disability Evaluation System.  

    i.  New Guard Soldiers without an MOS from prior service are required to complete 
AIT / MOS training within 24 months of entering the ARNG.  Failure to do so can result 
in discharge at any time after the 24 months provided for MOS training has elapsed.  An 
uncharacterized discharge is given to individuals on active duty who separate prior to 
completing 180 days of military service, or when the discharge action was initiated prior 
to 180 days of service.  For the reserve components, it also includes discharges prior to 
completing initial entry training (IET). There are two phases - Basic Combat Training 
(BCT) and AIT. Because the applicant did not complete AIT, he was in an entry level 
status at the time of his discharge and so received and uncharacterized discharge.  This 
type of discharge does not attempt to characterize service as good or bad.  

    j.  It is the opinion of the ARBA Medical Advisor that neither a discharge upgrade nor 
a referral of his case to the DES is not warranted.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
evidence of record shows the applicant served in the ARNG from May 1997 to June 
2001, but he never completed MOS training and was never awarded an MOS. An 
uncharacterized discharge is given to individuals on active duty who separate prior to 
completing 180 days of military service, or when the discharge action was initiated prior 
to 180 days of service. For the reserve components, it also includes discharges prior to 
completing initial entry training (IET). There are two phases – basic combat training and 
advanced individual training (AIT). Because the applicant did not complete AIT, he was 
in an entry level status at the time of his discharge and so received an uncharacterized 
discharge. Additionally, the Board found no evidence the applicant’s knee condition, or 
any duty incurred medical condition would have failed the medical retention standards 
of chapter 3 of AR 40-501, Standards of Fitness, prior to his discharge. Thus, there was 
no cause for referral to the Disability Evaluation System.  

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.

	 
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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to 
timely file within the 3-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  National Guard Regulation 600-200 Personnel – General Enlisted Personnel 
Management Army National Guard, establishes standards, policies, and procedures for 
the management of the Army National Guard (ARNG) and the Army National Guard of 
the United States (ARNGUS) enlisted Soldiers in the functional areas of: Classification 
and Reclassification; Personnel Management; Assignment and Transfer, including 
interstate transfer; Enlisted Separations, and many other functions. 

	a.  Chapter 8 of the regulation in effect at the time provided for the separation of 
enlisted Soldiers from the ARNG for various reasons. Characterization of service will be 
per this regulation. Paragraph 8-27(n) pertained to separation of enlisted Soldiers from 
the ARNG due to expiration of period in excess status. 

	b.  Character of service for administrative separation: A determination reflecting a 
Soldier’s military behavior and performance of duty during a specific period of service. 
The 3 characters are Honorable; General (Under Honorable Conditions); and under 
Other Than Honorable Conditions. The service of Soldiers in entry-level status is 
normally described as uncharacterized.

		(1)  Honorable: An honorable characterization is appropriate when the quality of 
the Soldier’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 their service obligation, or where required 
under specific reasons for separation, unless an uncharacterized description is 
warranted.

		(2)  General (under honorable conditions). If a Soldier’s service has been honest 
and faithful, it is appropriate to characterize that service as general, under honorable 
conditions. Characterization of service as general (under honorable conditions) is 
warranted when significant negative aspect of the Soldier’s conduct or performance of 
duty outweighs positive aspects of the Soldier’s military record. When authorized, a 
characterization of under honorable conditions is awarded to a Soldier whose military 
record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

		(3)  Entry level status. Service will be described as uncharacterized if separation 
processing is initiated while a Soldier is in an entry level status, except for certain 
circumstances such as when characterization under other than honorable conditions is 
authorized under the reason for separation and is warranted by the circumstances of 
the case; or The Secretary of the Army, or the Secretary’s designated representative, 
on a case-by-case basis, determines that characterization of service as honorable is 
clearly warranted by the presence of unusual circumstances involving personal conduct 
and performance of military duty. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220005929


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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