Applicant Name: ????? Application Receipt Date: 2012/01/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would like an upgrade of his discharge to honorable because he completed school/AIT and passed all requirements. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 061103 Chapter: 4 AR: 635-200 Reason: Completion of Required Active Service RE: SPD: MBK Unit/Location: A Co, 1/13th Avn, Fort Rucker, AL Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 34 Current ENL Date: 060907/ADT Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 01 Mos, 27 Days ????? Total Service: 17 Yrs, 03 Mos, 24 Days Total Service is based on information taken from documents found in the OMPF (i.e., prior enlistment contract, DD Form 214's and NGB Form 22). Previous Discharges: USCGR-890509-900805/NA USCG-900805-901005/HD USCGR-901006-920328/NA ARNG-920329-980104/HD RA-980105-000131/HD RA-000201-030416/HD RA-030417-051031/HD ARNG-051101-060906/NA (Concurrent Service) Highest Grade: E5 Performance Ratings Available: Yes No MOS: 15P10/Aviation Ops Sp GT: 119 EDU: 14 Yrs Overseas: Panama, Southwest Asia (Prior Periods of Service) Combat: Iraq/Kuwait (040618-050620) Decorations/Awards: ARCOM-2, AAM-2, AGCM-2, ARCAM, NDSM,-2, ICM, GWOTSM, NCOPDR, ASR, OSR-2, CIB, EIB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: ARNG-060406-110613/HD, attained the rank of SSG/E6. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 3 November 2006, the applicant was released from active duty after completing his required active duty training. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates he was released from active duty training under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with service uncharacterized. Furthermore, the DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service). Following completion of MOS training course, the applicant was released from active duty training, with an effective date of 3 November 2006 and transferred to HHC (-) 27th Inf Bde, 6900 Thompson Road, Syracuse, NY. b. Legal Basis for Separation: Army Regulation 635-200 set forth the basic authority for separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the separation of individuals at completion of required service (i.e., expiration term of service). The characterization of service for Soldiers separated under the provisions of Chapter 4; AR 635-200 will be honorable unless the Soldier is in an entry-level status. The service of Soldiers in an entry-level status will be uncharacterized. A Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty at the time of the discharge or relief from active duty. In the case of an ARNGUS or USAR Soldier on active duty (AD) or active duty training (ADT) who is to be discharged, the character of the period of service from which he/she is being discharged will be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst determined that the characterization of service is improper. Army regulations stipulate that the service of any individual who has more than 180 days of continuous active duty at the time of his or her discharge from active duty will be characterized. Further evidence of record shows the applicant completed basic combat training and advanced individual training as a aviation operation specialist and was assigned to a permanent Army National Guard unit. The analyst noted that when the applicant was discharged, he had completed a total of 17 years, 3 months, and 24 days of reserve and active federal service without a break. Army Regulation 635-200, paragraph 3-8c, states, in effect, in the case of an ARNGUS or USAR Soldier on AD or ADT who is to be discharged, the character of the period of service from which he is discharged will be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT. The evidence of record supports the fact that the applicant was discharged after the completion of a required period of active service. Further, Army Regulation 635-200, states, in effect, that only an honorable characterization of service may be awarded a Soldier upon completion of his required active service. In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 13 June 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, Certificate from the United States Army Aviation Center, for the completion of the Aviation Operations Specialist Course, Orders, dated 28 October 2006 for award of 15P and the Aviation Badge, and DD Form 214 for the period of service under review. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is improper. The evidence of record supports the fact that the applicant was discharged after the completion of a required period of service. Further, Army Regulation 635-200, states, in effect, that only an honorable characterization of service may be awarded a Soldier upon completion of his period of service unless the Soldier is in an entry-level status. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120000793 ______________________________________________________________________________ Page 3 of 4 pages