1. Applicant's Name: a. Application Date: 19 November 2015 b. Date Received: 6 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the narrative reason change for separation. The applicant seeks relief contending, in effect, in January 2011, he was doing an inter-state transfer (IST) from Ohio to Florida. He spoke, in advance, with his section chief, who told him what he had to do. The applicant contends that he did everything he needed to do for the transfer to happen. On the day he completed all the requirements to transfer, he was told he was good to go and he was released from the unit. The day after he arrived in Florida, he spoke with a recruiter and he was informed that he had to contact the IST for his paperwork. He called the Florida and Ohio ISTs and was told neither had his paperwork from the unit. The applicant called SFC R. to inquire about the paperwork and was told that it had been sent and that SFC R. did not know why the IST never received it. SFC R. never sent his paperwork and when he finally did, he had entered the physical fitness test as failed. The Florida IST refused to accept the paperwork. The paperwork was refused and resubmitted several times due to additional issues with the physical fitness test, the applicant's MOS, and the possibility of the unit being deployed. During this time, the applicant was also applying to go in the Army Reserve. The applicant states that he was in constant contact with SFC R. and the IST during the entire time he was in Tampa, Florida. In March 2011, the applicant spoke with SFC R. about the possibility, if he was able to find a way to make up drills, he would let him know if he could or could not. At the time, the applicant was in college. A few days later, the applicant states that he called SFC R. to let him know that he was unable to find a way back to Ohio to make up the drills. However, he did not get a hold of SFC R. and had to leave a message on his phone. The applicant sent SFC R. an email with the same message. He contends that he had never once told SFC R. that he was moving back to Ohio. The applicant later found out that he was reported as being AWOL when he was checking his official records online. He then called SFC R., who informed the applicant that is what happens when one misses drill. The applicant contends that he had no intention of dropping out of college and moving back to Ohio; he moved to Florida to go to college. SFC R. said he had sent certified letters to his address about the drill dates that he had missed. The applicant states that he had never received any letters and after speaking with the assistant IG of Ohio about the certified letters that were sent, he was told the letters were sent to an address in Ohio. The letters were never sent to his current address in Florida, which SFC R. stated he had. His official records and SFC R., were up to date with his current address in Florida, as well as with his phone number. The applicant previously served in the military, but he decided to separate when his contract was complete due his mother's deteriorating health. After she passed away, he wanted to get back in the military; he joined the Ohio Army National Guard and Active Duty right away in order to help his family members. He loved being in the military and had no plans of getting out when he did his IST from Ohio to Florida. He contacted the Governor of each state, Senators and Congressional members. He was in contact with Congresswoman C. to get help with this situation, to join the Army again. Memorandum, dated 24 August 2015, reflects the State of Ohio Adjutant General, disapproved the applicant's request to upgrade his discharge. The applicant's separation from the Ohio Army National Guard warranted a General (Under Honorable Conditions) discharge, with a reenlistment eligibility code of RE-3. In a records review conducted at Arlington, VA on 10 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Participation / AR 600- 200 / Chapter 6-35j / NA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 February 2008 / 6 years b. Age at Enlistment / Education / GT Score: 37 / HS Graduate / 107 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 15 years, 6 months, 9 days d. Prior Service / Characterizations: RA, 24 May 1996 to 23 August 1998 / HD USAR, 24 August 1998 to 2 December 1999 / NA ARNG, 3 December 1999 to 18 October 2000 / GD USAR, 19 October 2000 to 18 February 2003 / NA ARNG, 19 February 2003 to 18 May 2004 / HD RA, 19 May 2004 to 18 December 2007 / HD (Break in Service) e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM-2, NDSM, AGCM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): National Guard Regulation (NGR) 600-200 and Army Regulation (AR) 135-178 govern procedures covering enlisted personnel of the Army National Guard. AR 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service by reason of unsatisfactory participation. The service of a member separated under this provision of AR 135-178 will be characterized as honorable or under honorable conditions as warranted by his or her military record. Chapter 6 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard. Chapter 6-35 j, states, commanders may recommend retention of Soldiers who have accrued 9 or more unexcused absences within a one-year period. Submit requests with justification for retention to the AG (MPMO/G1). Include verification that the notification requirements of AR 135-91 and paragraph 6-32 have been met. Soldiers must be notified by registered or certified mail the intent and projected discharge date. Retention approval authority can be delegated to the LTC command level; RE 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the State of Ohio Army National Guard. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained. The applicant's contentions were carefully considered. However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown. Further, based on the available record, there is no basis to change the narrative reason. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. The applicant desires to rejoin the Military Service. However, Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant provided documentation from the ARNG State of Ohio that indicates that on 24 August 2015 his request for a discharge upgrade was denied. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 10 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New NGB Form 22: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160000053 1