1. Applicant's Name: a. Application Date: 16 August 2018 b. Date Received: 23 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from uncharacterized to honorable. The applicant seeks relief contending, in effect, believes the record is in error because of dates, discharge and what was input in the permanent record. The applicant's request for an honorable characterization of service to date has not been granted. In a records review conducted at Arlington, VA on 11 January 2019, 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: Failure to Attend IET Phase I or Phase II / NGR 600-200, Chapter 8-35d(4) / NA / RE-3 / Uncharacterized b. Date of Discharge: 20 September 2007 c. Separation Facts: No (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 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 February 2002 / 6 years / 6 year extension 14 May 2007 b. Age at Enlistment / Education / GT Score: 26 years / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 5 years, 6 months, 24 days d. Prior Service / Characterizations: IADT, 15 March 2002 to 21 June 2002 / UNC (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 149 (two pages); OMPF and medical documents as stated in her DD Form 293 (280 pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel management of the Army National Guard. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard and a Reserve of the Army. Paragraph 8-35d(4) of that regulation provides in pertinent part that individuals can be separated for failing to report to IET phase 1 or 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from uncharacterized to honorable. The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army National Guard. However, the applicant's record does contain a properly constituted NGB Form 22 (National Guard Report of Separation and Record of Service), which was not authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The NGB Form 22 indicates the applicant was discharged under the provisions of NGR 600- 200, Chapter 8, paragraph 8-35d(4), by reason of (failure to attend IET Phase I or Phase II misconduct ), with a characterization of service of uncharacterized. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the NGB Form 22 shows a Separation Code of NA, with a reentry eligibility (RE) code of 3. The applicant seeks relief contending, she believes the record is in error because of dates, discharge and what was input in her permanent records. The record of evidence shows a, NGB Form 22A, correction to NGB Form 22. NGB Form 22, block 8b, effective date was changed to 20 September 2009; block 10a, net service was changed to 5 years, 6 months, 24 days; and block 10d, total service for pay was changed. Even though, at the time of discharge proceedings, the applicant had served for 5 years, 6 months, 24 days; 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. In a memorandum, dated 17 June 2002, the personnel service supervisor related that the applicant was being returned to state control. The applicant was unable to complete basic training due to stress fractures in her ankles, she reported to basic training on 28 May 2002. The applicant needed time to recuperate and heal prior to returning for basic training and advanced Individual training. It was concluded that the applicant would be rescheduled for the 71L course as soon as feasible. The applicant returned to her unit and attended drills as required. She served more than five years. However, due to the applicant not completing IET within 24 months as required by regulatory guidance to become MOSQ constituted she was IET Soldier. In view of the applicant's failure to complete IET training and that she served less than 180 days of continuous active duty service, as such, she was still in entry-level status. The applicant further contends, her request for an honorable characterization of service to date has not been granted. Per NGR 600-200, an honorable characterization of service may only be awarded to a Soldier upon completion of his or her service obligation, or where required under specific reasons for separation, unless an uncharacterized description is warranted. The uncharacterized description of service accurately reflects the applicant's overall record of service. An uncharacterized discharge 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 characterization of service to be rated as honorable or otherwise. If the applicant desires a personal appearance hearing, it is the applicant's responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action for the Board's consideration because they are not available in the official record. 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 11 January 2019, 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 DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20180011216 1