Applicant Name: ?????
Application Receipt Date: 2011/07/21 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he is requesting an upgrade of his discharge to honorable because his five month period of service was honorable.
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: 970703 Chapter: Self-Terminating Order T-02-701980
Reason: Completion of ADSW RE: SPD: NA Unit/Location: USA Reserve Personnel Center, Fort Leonard Wood, MO
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 39
Current ENL Date: OAD 970210 Current ENL Term: NIF Years ?????
Current ENL Service: 00 Yrs, 04 Mos, 24 Days ?????
Total Service: 21 Yrs, 05Mos, 06Days Includes inactive service
Previous Discharges: The OMPF indicates the applicant has been serving in the USAR since 1986. Enlistment contracts are not contained in the record.
Highest Grade: E-6 Performance Ratings Available: Yes No
MOS: 71L30/Admin Spc GT: NIF EDU: Associate's degree Overseas: None Combat: None
Decorations/Awards: ARCOM,AAM, AGCM, ARCAM, NDSM, NCOPDR-2, ASR
V. Post-Discharge Activity
City, State: Rockhill, SC
Post Service Accomplishments: Applicant was ordered to active duty (030415-070101) and received an honorable discharge. He achieved the rank of SFC/E-7.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 10 February 1997, the applicant was ordered to active duty for Active Duty Service Work (ADSW) for an unspecified period.
On 3 July 1997, after successfully completing his active duty service work, the applicant was relieved from active duty and was transferred back to the US Army Reserve. The applicant completed four months and 24 days of continued active service during this period.
The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. His DD Form 214 indicates he was released from active duty under the provisions of a self-terminating order number T-02-701980, by reason of completion of required active service, with service uncharacterized.
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 applicants military records, and the issue and documents he submitted, the analyst determined that the applicants characterization of service is improper.
The record shows that the applicant was ordered to active duty for an unspecified period of time in support of the 200,000 Discharge Records Program at the USA Personnel Center. After completion of this work he was relieved from active duty and returned to the US Army Reserve.
Army Regulation 635-200, paragraph 3-8c, in effect at the time, stipulates that 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/she 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 analyst noted that the applicant received a successful NCOER for this period and an Army Achievement Medal for the period of 10 February 1997 through 1 August 1997. Thus, his service was honorable and he should have received an honorable characterization of service instead of an uncharacterized separation.
In view of the foregoing, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. The reason for his separation was proper and should remain unchanged.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 24 February 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 214, leave and earnings statement, DD Form 149.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was improper. The evidence of record supports that he was relieved from active duty after successfully completing his active duty service work (ADSW) and reassigned back to the USAR. Army Regulation 635-200, paragraph 3-8c, in effect at the time, stipulates that in the case of an ARNGUS or USAR Soldier on active duty or active duty training who is to be discharged, the character of the period of service from which he/she 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. In view of the aforementioned the Board voted to upgrade the applicant's characterization of service to fully honorable and change the SPD code to "MBK."
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: Change the SPD Code to "MBK."
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature
Approval Authority:
EDGAR J. YANGER
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 AR20110014959
______________________________________________________________________________
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