IN THE CASE OF:  	Mr.

      BOARD DATE:  	17 July 2013

      CASE NUMBER:  	AR20130004353
___________________________________________________________________________

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 to be 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 an upgrade of his uncharacterized discharge to fully honorable.

2.  The applicant, states in effect, that his discharge was inequitable because it was based on his failure to obtain US citizenship which is not a requirement for enlistment.  In the 2 years he served as an enlisted member of the Army National Guard (ARNG), he had an extraordinary service record.  He moved quickly from E-1 to E-3 by recrutiing other people to be members of the ARNG.  His post service performance and conduct has also been superb.  He has received a Bachelor’s Degree in Criminal Justice and would like to have the opportunity to serve again in a civilian law enforcement capacity.  He provides a detailed self-authored statement with his account of the events that led to his discharge from the ARNG.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 February 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			19 September 2003
d. Reason/Authority/SPD/RE:		Entry Level Status and Conduct, Paragraph 8-26c,  						NGR 600-200, NA, RE-3
e. Unit of assignment:			B Co, 1st Battalion, 178th Infantry Regiment, Elgin, IL
f. Current Enlistment Date/Term:  	15 September 2001, 8 years
g. Current Enlistment Service:  	2 years, 0 months, 5 days
h. Total Service:			2 years, 0 months, 5 days
i. Time Lost:				None
j. Previous Discharges:		IADT (020609-020809), Characterization NIF
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army National Guard (ARNG) on 15 September 2001, for 8 years.  He was 17 years old at the time and was a high school graduate.  He was on a split option and attended basic training between June 2002 and August 2002.  There is no record he was ever awarded a Military Occupational Specialty (MOS).  His service record does not contain any awards or record of meritorious achievements.  
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 Illinois Army National Guard.  

2.  The available evidence indicates that on 11 September 2003, HQ, Military Department, State of Illinois, Office of the Adjutant General, Springfield, IL, Orders 254-182, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 19 September 2003, 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 8-26c, NGR 600-200, by reason of entry level status and conduct with a reenlistment eligibility (RE) code of "3."  

4.  On 12 February 2013, the Adjutant General, State of Illinois, reviewed the applicant’s request for an upgrade of his discharge and found the discharge from the ARNG to be proper and equitable.  It was determined that as a split option Soldier, who did not complete all the required training to become MOS qualified, he was considered in an entry level status.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

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

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a denial letter from the ARNG, copy of his NGB Form 22, discharge orders, college transcripts, DEA letter, resume, school diploma, business certificate, driving record, a self-authored statement, certificate of naturalization, and high school diploma.

POST-SERVICE ACTIVITY: 

None were provided with the application.

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 was carefully considered.  However, after examining the applicant’s military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's 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.  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 8-26c, by reason of entry level status and conduct, 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 contention about his lack of citizenship was carefully considered.  However, there is insufficient evidence available in the official record to make a determination upon the applicant's reason for the discharge.  Moreover, the applicant requests an upgrade of his characterization to honorable based on his good service and post service accomplishments.  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.  

5.  The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  However, in review of the applicant’s entire service record and the reason for the discharge, it appears his accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  

6.  If the applicant desires a personal appearance hearing, it will be his 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.

7.  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:  17 July 2013         Location: Washington, DC

Did the Applicant Testify?  No 

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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130004353		


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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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