IN THE CASE OF:	Mr. 

      BOARD DATE:	19 November 2014

      CASE NUMBER:	AR20140000375
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests to upgrade the characterization of his service from uncharacterized to fully honorable and to change the narrative reason for his discharge.

2.  The applicant states, in pertinent part and in effect, he previously served in the California Army National Guard (CAARNG) and in the Utah Army National Guard (UTARNG).  He left the CAARNG due to a defective enlistment agreement and with an uncharacterized discharge.  A few years later, he enlisted in the UTARNG to attend the university ROTC.  After going through the initial training and spending a month in Fort Knox, KY, ROTC did not contract him.  He was left without receiving the stipends and bonuses as promised with the program, which included a $5,000 bonus for attending the Leader’s Training Course at Fort Knox.  After three months of waiting, he was informed he could not be contracted because the Army was unable to provide funds and that they were waiting for a waiver to be approved, since he had a dependent but was not married.  He could not meet his living expense for attending ROTC and guard drills for three straight months.  He had to be hospitalized due to having a breakdown as a result of his college workload.  His performance began to decrease due to increasing mental and physical issues, and the time he spent addressing his issues.  After he was discharged, he withdrew from all military activities.  Without any military pay, he could not quit his current job to participate successfully in ROTC and college.  So once again, he was stuck with an uncharacterized discharge.  He would like to claim veteran’s status for government jobs and be eligible to receive any aid from the VA since he lost a plethora of other benefits due to circumstances surrounding his discharge which were beyond his control.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	18 December 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	30 November 2009
	d.	Reason/Authority/SPD/RE Code:	Failure to attend IET (Phase I and Phase II within 24 
			months, NGR 600-200, paragraph 6-35d(4), NA, RE-3
	e.	Unit of assignment:	97th Trp Cmd, Draper, UT, attached to RSP Co A, 
			Riverton, UT
	f.	Current Enlistment Date/Term:	15 October 2008, 7 years, 17 weeks (Utah)
	g.	Current Enlistment Service:	1 year, 1 month, 16 days
	h.	Total Service:	1 year, 9 months, 10 days
	i.	Time Lost:	None
	j.	Previous Discharges:	ARNG (041022-050615) / UNC 00-07-24
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	None
	m.	GT Score:	NIF
	n.	Education:	One year college
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	None
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Army National Guard on 15 October 2008, for a period of 7 years and 17 weeks (with the Utah Army National Guard).  He was 28 years old at the time of entry and had a year of college.  His record documents no acts of valor or significant achievement.  He completed 1 year, 9 months, and 10 days of reserve service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record does not contain the specific facts and circumstances concerning the events which led to the applicant’s discharge from the Utah Army National Guard.  

2.  The available evidence indicates that on 1 December 2009, Joint Forces Headquarters, Utah Army National Guard, Draper, UT, Orders 335-020, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 30 November 2009, with character of service described as uncharacterized.  

3.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates the applicant was discharged under the provisions of paragraph 6-35d(4), NGR 600-200, by reason of failure to attend IET (phase I or phase II) within 24 months, (RE) code of "3."  

4.  On 23 April 2012, for the Adjutant General, State of Utah, the applicant’s request was reviewed for an upgrade of his discharge and found the discharge from the ARNG to be proper and equitable, and warranted no changes.  It was determined that he was separated for failure to attend IET (phase I or phase II) within 24 months and while in an entry level status, the characterization of service would be uncharacterized.

5.  The applicant’s available record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge orders described at the preceding paragraph 2. 

2.  Memorandum for Record, dated 23 April 2012, subject: Discharge Review [the applicant], is explained in the preceding paragraph 4.

3.  There are no counseling statements or UCMJ actions in the record.



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided with his online application, NGB Form 22 and discharge orders for service under current review; UTARNG memorandum for record, dated 23 April 2012; NGB Form 22E, dated 15 June 2005; Leader’s Training Course, dated 2 August 2009; hospitalization admission record, dated 5 November 2009, with a history and physical report and a diagnosis of “[m]ajor depressive affective disorder, recurrent episode, severe, with psychotic behavior,” and a discharge date of 6 November 2009; CAARNG memorandum, dated 30 April 2013, subject: Approval of BCMR Determination, Correction of Records [the applicant]; NGB Form 22A, Correction to NGB Form 22, dated 9 December 2009, reflecting correction to NGB Form 22, dated 29 August 2005.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

REGULATORY AUTHORITY:

1.  National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel management of the Army National Guard.  Chapter 5 of AR 135-178, covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard for Entry Level Performance and Conduct.  It provides in pertinent part that individuals can be separated for failing to complete Initial Active Duty Training (IADT) phase 1 or 2.  

2.  For ARNGUS 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.

3.  The regulation stipulates that the character of service will be described as uncharacterized if separation processing is initiated while a Soldier is in entry level status unless an under other than honorable conditions discharge is warranted by the circumstances of the case.  An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative reason for his discharge was carefully considered.  However, after examining the applicant’s military records, and the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge to change the narrative reason for his discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the ARNG and as a Reserve of the Army.  However, the record contains a properly constituted NGB Form 22, Report of Separation and Record of Service, which was not authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.  A Soldier is in entry-level status for the first 180 days of continuous active duty.  For ARNGUS 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 of basic training or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.  Accordingly, the regulation stipulates that a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated if the Soldier is on a split option and has not completed the required training to become MOS qualified.  

3.  The NGB Form 22 indicates the applicant was discharged under the provisions of NGR 600-200, paragraph 6-35d(4), by reason of failure to attend IET (phase I or phase II) within 24 months, with a characterization of service described as uncharacterized.  Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant's contentions about the circumstances surrounding his enlistment were carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the basis and the circumstances surrounding the applicant's discharge.  Moreover, the applicant requests an upgrade of his characterization to honorable based on circumstances beyond his control at the onset of his enlistment, and so that he may become eligible for government employment and to receive VA benefits.  However, an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty.  The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities, or to obtain veteran's benefits.  Moreover, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

5.  Further, the uncharacterized description of the applicant’s record of service is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

6.  Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  19 November 2014      Location: Washington, DC

Did the Applicant Testify?  NA

Counsel:  None

Witnesses/Observers:  NA

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA




















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20140000375

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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