1. Applicant's Name: a. Application Date: 27 May 2016 b. Date Received: 3 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant states, in pertinent part and in effect, an upgrade is requested due to hardship and his attempts for assistance with his interstate transfer (IST) process, which fell through and he was discharged. He was assigned to 41st STB in Oregon, and started an IST to Colorado, due to work reasons. Because of his temporary profile, he was not given an APFT. The profile was later changed to a permanent profile. When he arrived in Colorado, he informed the IST coordinator in Colorado. The coordinator was unable to process him due to not having an APFT, but when he told her he had a permanent profile, he received no response. He informed his former unit in Oregon, but was advised to return for drill or he will be discharged. Being unable to travel 1300 miles to drill, he was discharged from the ARNG and transferred to the Individual Ready Reserve. Months later, through contact with an IRR NCO, he entered the Army Reserve. He received a certificate of appreciation and an honorable discharge. He feels his period of service in the ARNG was honorable as he received no negative counseling statements-he was a dedicated Soldier. After carefully examining the applicant's available record of service during the period of enlistment under review, the Board determined that the discharge is improper. The Board noted that the applicant was discharged under the provisions of Chapter 6-36j, NGR 600-200, by reason of failure to report to the gaining state upon interstate transfer, with an uncharacterized discharge. National Guard Regulation 600-200, Chapter 6, paragraph 6-7, states that an uncharacterized description of service applies when the Soldier is in an entry level status. The service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required. Accordingly, in a records review conducted at Arlington, VA on 9 August 2017, and by a 5-0 vote, the Board voted to grant relief in the form of an upgrade of characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable, and voted not to change it. The Board further recommended thru the Chief, National Guard Bureau, Oregon Military Department, to the Adjutant General, State of Oregon, under the provisions of 10 USC § 1553, in the case of Mr. X, that the applicant be considered for a change of his discharge by the Adjutant General, State of Oregon, with issuance of a new NGB Form 22a, changing the characterization of discharge to Honorable. This action also entails a change to the applicant's discharge from the Reserve of the Army to reflect a characterization of service of honorable. Therefore, the ARBA Promulgation Team is directed to ensure the applicant's discharge from the Reserve of the Army reflects the aforementioned change. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Failure to Report to the Gaining State upon Interstate Transfer / NGR 600-200, Paragraph 6-36j / NA / RE-3 / Uncharacterized b. Date of Discharge: 15 April 2013 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 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 April 2008 / 8 years with ARNG b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 4 years, 11 months, 28 days d. Prior Service / Characterizations: ARNG (18 April 2008 to 28 July 2008) / NA IADT (29 July 2008 to 12 December 2008 / UNC Continuous Service e. Overseas Service / Combat Service: None / None f. Awards and Decorations: ARCAM; NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders, dated 11 September 2013 i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 27 May 2016; applicant's statement to the Adjutant General; and State of Oregon Military Department letter, dated 25 May 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. Chapter 6 of NGR 600-200 sets the policies, standards, and procedures for the separation of enlisted Soldiers from the ARNG/ARNGUS. The character of service for administrative separation is based on a determination reflecting a Soldier's military behavior and performance of duty during a specific period of service. At separation, characterization of service are authorized: Honorable, General (Under Honorable Conditions), and Under Other Than Honorable Conditions. The service of Soldiers in entry level status is normally described as uncharacterized. Separation with an uncharacterized description of service applies when separated in an entry-level status; or fraudulent entry, erroneous enlistment, reenlistment, void enlistment, or by being dropped from the rolls of the Army. Further, any of the types of characterization or description of service listed may be used in appropriate circumstances unless a limitation is set forth in section III of this chapter. Characterization of service as a result of administrative action is governed by this regulation and the service of Soldiers is either characterized or uncharacterized when they are separated from the ARNG. Paragraph 6-36 provides for State ARNG Separations, which stipulates that this paragraph lists reasons for separation from the State ARNG not listed in paragraph 6-35 or AR 135-178. All involuntary administrative separations require commanders to notify Soldiers concerning intent to initiate separation procedures per paragraph 6-32. All Soldiers being involuntarily separated will be afforded a reasonable opportunity to provide a written response for consideration by the separation authority. Characterization of service will be per applicable State codes. Paragraph 6-36j, provides for failure to report to the gaining state upon interstate transfer, and refers to chapter 4, NGR 600-200, and a reentry code of RE 1 or RE 3, as appropriate. Paragraph 4-18 providing for failure to report, stipulates that when a transferred Soldier does not report by the established date, the gaining unit will report this to the gaining State MPMO/G1. The gaining State will notify the losing State IST Coordinator. The losing State IST Coordinator will determine the status of the absent Soldier and inform the gaining State. When neither State can locate the Soldier, the gaining State will discharge from the State only and assign the Soldier to the IRR, not later than three months after the enlistment date. It provides further instruction to cite NGR 600-200, paragraph 6-36j, in orders and enter RE Code 3 in item 26 of the NGB Form 22, and that the discharge would be uncharacterized. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. After a careful review of the applicant's record of service during the period of enlistment under review, it is determined that the applicant's characterization of service is improper. Although the applicant was released from the Army National Guard under the provisions of Chapter 6, paragraph 6-36j, National Guard Regulation 600-200, due failure to report to the gaining state upon interstate transfer, the same paragraph further referred to Chapter 4. It is noted that paragraph 4-18, stipulating that when a transferred Soldiers does not report by the established date, the gaining State IST Coordinator would discharge the Soldier from the State only, and assign the Soldier to the IRR, not later than three months after the enlistment date. Further instruction by the same paragraph, in pertinent part, indicated the discharge would be uncharacterized. To that effect, it is also noted that the discharge record under current review shows that the applicant completed 4 years, 11 months and 28 days of continuous service with the Army National Guard, beyond the stipulated "not later than three months after the enlistment date." The NGR 600-200, stipulates the character of service for administrative separation is based on a determination reflecting a Soldier's military behavior and performance of duty during a specific period of service. The applicant's available record contains no aggravating or derogatory information. The applicant, upon his discharge, from the Army National Guard was transferred to the IRR, where he completed his eight-year military service obligation of the same enlistment under current review with an honorable discharge. Based on the available record, the discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: After carefully examining the applicant's available record of service during the period of enlistment under review, the Board determined that the discharge is improper. The Board noted that the applicant was discharged under the provisions of Chapter 6-36j, NGR 600-200, by reason of failure to report to the gaining state upon interstate transfer, with an uncharacterized discharge. National Guard Regulation 600-200, Chapter 6, paragraph 6-7, states that an uncharacterized description of service applies when the Soldier is in an entry level status. The service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required. Accordingly, in a records review conducted at Arlington, VA on 9 August 2017, and by a 5-0 vote, the Board voted to grant relief in the form of an upgrade of characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable, and voted not to change it. The Board further recommended thru the Chief, National Guard Bureau, Oregon Military Department, to the Adjutant General, State of Oregon, under the provisions of 10 USC § 1553, in the case of Mr. X, that the applicant be considered for a change of his discharge by the Adjutant General, State of Oregon, with issuance of a new NGB Form 22a, changing the characterization of discharge to Honorable. This action also entails a change to the applicant's discharge from the Reserve of the Army to reflect a characterization of service of honorable. Therefore, the ARBA Promulgation Team is directed to ensure the applicant's discharge from the Reserve of the Army reflects the aforementioned change. 10. BOARD ACTION DIRECTED: a. Issue a New NGB Form 22a: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority 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 AR20160010836 4