IN THE CASE OF:  

		BOARD DATE: 24 January 2023

		DOCKET NUMBER: AR20220005998


APPLICANT REQUESTS:  Her Army National Guard (ARNG) separation be changed 
from uncharacterized to honorable due to disability.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 authority granted by Title 10, USC, Section 1552 (Correction of Military or Naval 
Records) is not unlimited. The ABCMR has the authority to correct only Army records. 
The Board has no authority to correct records created by the Department of Defense, 
other branches of the Services, Department of Veterans Affairs, or any other 
governmental agency. In the case of ARNG discharges (NGB Form 22), they are State 
not Federal actions and primarily under the total control of the State Adjutant General. 
The ABCMR may only recommend possible actions.

3.  The applicant states she was injured in basic training and is now disabled due to that 
injury. She needs the correction to qualify for Post 9/11 GI Bill education benefits, as 
she was promised when she enlisted.

4.  The applicant's application indicates that post-traumatic stress disorder (PTSD), is a 
contributing and/or mitigating factor in the circumstances that resulted in her separation. 
However, she provides no evidence of a PTSD diagnosis.

5.  The applicant enlisted in the ARNG on 21 July 2003, for 8 years in the grade of E-3. 

6.  She was ordered to active duty effective 29 June 2004, for the purpose of completing 
initial active duty for training (IADT). However, she di not complete training and was not 
awarded a military occupational specialty. 
7.  The applicant sustained a right closed radial shaft fracture on 26 August 2004, while 
on the confidence course in Basic Combat Training, at Fort Jackson, SC. Her hand 
slipped and was stuck between two boards causing a fracture in her right arm. The 
injury required an open reduction and internal fixation of the right radial shaft that was 
performed on 27 August 2004. The injury was determined to be in the line of duty.

8.  The available record is void of the applicant's IADT or ARNG separation documents.

9.  Orders 77-14, issued by the Department of the Army and the Air Force, Joint Force 
Headquarters - Arizona on 27 June 2005, discharged the applicant from the ARNG and 
as a Reserve of the Army, effective 3 February 2005. Her service was uncharacterized.

10.  The applicant’s National Guard Bureau (NGB) Form 22 (Report of Separation and 
Record of Service) shows he was discharged on 3 February 2005, under the provisions 
of National Guard Regulation 600-200 (Enlisted Personnel Management System), 
paragraph 8-26b (4), for other designated physical or mental conditions. Her service 
was uncharacterized. 

11.  MEDICAL REVIEW:

    a.  The applicant is applying to the ABCMR requesting her Army National Guard 
(ARNG) separation be changed from uncharacterized to honorable due to disability.

    b.  The specific facts and circumstances of the case can be found in the ABCMR 
Record of Proceedings (ROP). Pertinent to this advisory are the following: 1) The 
applicant enlisted in the ARNG on 21 July 2003; 2) She was ordered to active duty on 
29 June 2004 to attend her initial active duty for training (IADT); 3) The applicant 
sustained a broken arm on 26 August 2004, while on the confidence course in Basic 
Combat Training; 4) On 27 June 2005, the applicant was discharged from the ARNG, 
and her service was uncharacterized.

    c.  The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting 
documents and the applicant’s military service records. The VA’s Joint Legacy Viewer 
(JLV) was also reviewed.

    d.  The applicant has no record of behavioral health treatment while she was in active 
service. She has been treated at the VA for behavioral health concerns since July 2021. 
She reported significant behavioral health concerns prior to her enlistment, and she 
reported being exposed to traumatic events after her discharge. The applicant has been 
actively engaged in various modes of behavioral health treatment since 2021. Her 
problems listed include, PTSD, generalized anxiety disorder, depression, anxiety 
disorder nos, and major depression.  A review of JLV shows the applicant receives 60-
percent service-connected disability. The applicant does not receive any service-
connected disability for a mental health condition.

    e.  Based on the available information, it is the opinion of the Agency BH Advisor that 
there is insufficient evidence to warrant a referral to IDES for consideration for a 
MEB/PEB in relation to a mental health condition.

Kurta Questions

		(1)  Did the applicant have a condition or experience that may excuse or mitigate 
the discharge? No. The applicant was discharged due to a physical injury and at no time 
was found to be experiencing a behavioral health condition that warranted a referral to 
IDES. 

		(2)  Did the condition exist or experience occur during military service?  N/A

		(3)  Does the condition experience actually excuse or mitigate the discharge? 
N/A

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the applicant's military records, the Board found that relief was not warranted. The 
applicant's contentions, military records, and regulatory guidance were carefully 
considered. The Board noted that the applicant’s record is void of the applicant's IADT 
or ARNG separation documents. Her NGB Form 22 shows he was discharged on 3 
February 2005, under NGR 600-200 for other designated physical or mental conditions. 
Her service was uncharacterized. The Board reviewed the medical advisor’s 
determination and agreed that the applicant was discharged due to a physical injury and 
at no time was found to be experiencing a behavioral health condition that warranted a 
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, USC, 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.  Title 10, USC, Section 1556 provides the Secretary of the Army shall ensure that an 
applicant seeking corrective action by the Army Review Boards Agency (ARBA) is 
provided a copy of all correspondence and communications, including summaries of 
verbal communications, with any agencies or persons external to agency or board, or a 
member of the staff of the agency or Board, that directly pertains to or has material 
effect on the applicant's case, except as authorized by statute.

3.  National Guard Regulation 600-200 prescribes the criteria, policies, processes, 
procedures, and responsibilities to classify; assign; utilize; transfer within and between 
states; and separation of personnel in the ARNG and Army National Guard of the 
United States (ARNGUS) enlisted Soldiers.

	a.  Chapter 6 (Enlisted Separations) provides that:

		(1)  An honorable discharge is a separation with honor and entitles the recipient 
to benefits provided by law. The 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.

		(2)  A general discharge is a separation from the Army under honorable 
conditions. When authorized, it is issued to a Soldier whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge. A 
characterization of under honorable conditions may be issued only when the reason for 
the Soldier’s separation specifically allows such characterization.

   b.  Paragraph 8-26b(4), as then in effect, stated that a service member who failed to 
complete initial active duty for training within 24 months of enlistment would be 
separated with an uncharacterized discharge. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont.)	AR20220005998


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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