NG discharged me during an Interstate Transfer. I was not notified via certified mail. How can I fight my gen discharge, so I can reenlist?

2016-07-18T15:28:06-04:00

Response by SSgt Ryan Sylvester made Jul 18 at 2016 3:30 PM

2016-07-18T15:30:33-04:00

Military Records Corrections Boards. http://arba.army.pentagon.mil/abcmr-overview.cfm

The Army Review Boards Agency serves as the highest administrative level for review of personnel actions taken by lower levels of the Army and administers a number of boards including those listed below.

Response by SPC(P) Patrick Westbrook made Jul 18 at 2016 3:30 PM

2016-07-18T15:30:57-04:00

Clarify what IST is...there are several acronyms for it.

Response by LTC Paul Labrador made Jul 18 at 2016 3:39 PM

2016-07-18T15:39:51-04:00

Well the next question is, why were you given a general discharge? those are typically only used if there are/were disciplinary issues....

Response by PO1 Private RallyPoint Member made Jul 18 at 2016 3:48 PM

2016-07-18T15:48:37-04:00

My concern here is that you were discharged from one state only to then be accepted by the other, similar to a reenlistment where you are "discharged" and then reenlisted.

From the form I was reading, it says this:
"It is my responsibility to contact my new unit if I will be delayed. I further understand that if I fail to report, I will be discharged with a reentry eligibility code of 3, which will disqualify me for enlistment unless a waiver is approved"

Is it possible that there was a mix-up somewhere? Have you contacted your gaining unit? Do they have any information? Did their S-1 submit any paperwork (or not submit) on your behalf?

Response by MSG Private RallyPoint Member made Jul 18 at 2016 5:15 PM

2016-07-18T17:15:02-04:00

Were you communicating with your unit on a regular basis? "Regular" being the operative term there.

Response by SFC Private RallyPoint Member made Jul 18 at 2016 6:17 PM

2016-07-18T18:17:44-04:00

Do you live in California

Response by MAJ Private RallyPoint Member made Jul 18 at 2016 8:10 PM

2016-07-18T20:10:15-04:00

Hello there. Couple questions!

1. Where in the process of IST were you?
2. Do you have written counseling from your losing unit?
3. Did you work the IST through your Readiness NCO or the State Coordinator?
4. Do you have a NGB 22-5?
5. Absent the above, could you get sworn statements from the people you spoke with concerning the IST? (Long shot, I know!)

For upgrading a discharge, contact an attorney specializing in military law. Without going into the land of legal advice, you could look at DD Form 293. That may help you out, but without some type of documentation, it may not work.

Also - Many VA service agencies will help you upgrade a discharge. Just in case you can't afford an attorney.

Response by Lt Col Private RallyPoint Member made Jul 19 at 2016 10:34 AM

2016-07-19T10:34:45-04:00

IST?

Response by CSM Private RallyPoint Member made Jul 19 at 2016 11:17 AM

2016-07-19T11:17:32-04:00

First of all did you move or change your address since you were in the IRR? I'm assuming inactive ready reserve not IST which is interstate transfer correct? Will I'll answer both situations normally they are supposed to send you 3 letter certified before the discharge you if your address is correct or last known. Secondly, if you were ISTing the gaining state has the right to accept you in that state or not depending on such things as a current AFPT, height and weight,etc. Now if your current state doesn't make the coordination or doesn't hand them the necessary documents to the gaining state in time, you would have to extend your enlistment in your current state if your ETS is coming up soon. If that doesn't happen then paperwork usually stops and your states G1 will discharge you. For current reenlistment guidelines you would need to see a recruiter to get back in, I hope this helps.....

Response by SGT Private RallyPoint Member made Jul 22 at 2016 7:48 AM

2016-07-22T07:48:25-04:00

When my wife and I both ISTed from NY to NC we contacted the IST coordinator for both NY and NC before we left and got contact info from the gaining units when we got to NC. Contact both the IST coordinators from the state you left and the state you moved too. If they weren't tracking you then your IST never happened and you need to contact your old unit. Also go talk to a local recruiter for the ARNG in your state.

Response by SPC Private RallyPoint Member made Jul 22 at 2016 10:02 PM

2016-07-22T22:02:13-04:00

You may have to wait 2 years. Talk to a recruiter

Response by SPC Private RallyPoint Member made Jul 27 at 2016 1:52 PM

2016-07-27T13:52:33-04:00

Your unit is the one that does a transfer. So they had to of known youbwerenleaving, caise theb1sg has to sign off on the soldier transfer and the soldier has to basically ask the unit to be there. Also, general discharges are usually administered when you screw up or pop hot.