Applicant Name:  ?????

Application Receipt Date: 2011/11/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I request that my DD214 be updated with the time in active duty service in 1997 corrected. It should have July 28, 1997- Dec (unsure of day) 1997. I am also requesting that the type of discharge be changed from “uncharacterized” to "Honorable."  I believe this is tn error because the timeframe is July 28, 1997 to December 1997 is showing as unvertfied in the BURLS system and I do not have any discharge papers for that. I am not sure why. Asking that this information be updated and added to the DD214 I am providing.  l am requesting an updated/corrected copy of my DD214 that includes my time in service from July 1997 through December 1997 and May 1998 through August 1998 and will show an Honorable Discharge.  Enclosing copies of 1997 Orders, DD214 from 1998, NGB Form 22 from 2003, and IRR Form from 2005. I’m not positive if all of this is needed, but I am including it just in case.  Also in 2003 we wree calle to guard New York City points of interest for a total of about 6 weeks in Feb-Mar/April.  I need to locate copies of those orders from New York State Guard but was unsuccessful."

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: 980818   Chapter: 4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: B Co, 187th Ord Bn, Fort Jackson, SC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 980518/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	00 Yrs, 03  Mos, 01  Days ?????
Total Service:  		01 Yrs, 00  Mos, 21  Days ?????
Previous Discharges: 	ARNG-970728-989517/NA
                                         (Concurrent Service)
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 63B10/Light Wveh Mech   GT: 117   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: ASR









V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant claims he was called to duty in 2003 with the New York Army National Guard

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 August 1998, 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 18 August 1998 and transferred to the Adjutant General, State of Maryland 29th Div St, Baltimore, MD.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets 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.  

       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 and the issues, and documents he submitted, the analyst determined that the applicant's characterization of service is improper.  Army regulations stipulate that the service of any individual who has more than 90 days after beginning Phase II advanced individual training (AIT) at the time of his or her discharge from active duty will be characterized.  
       
       Further evidence of record shows the applicant completed split or alternate training 93 days (980518-980818) which terminated after beginning Phase II advanced AIT as an light wheel vehicle mechanic and was assigned to a permanent National Guard unit.  
       
       For ARNG Soldiers, entry-level status begins upon enlistment in the ARNG.  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.  AR 635-200, stipulates Soldiers being separated upon expiration of enlistment or fulfillment of their service obligation will be awarded a character of service of honorable unless in entry level status.
       
       In view of the foregoing, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined the applicant’s reason for discharge was both proper and equitable.   
       
       
       
       
       
       
       Furthermore, the applicant contends his DD Form 214 for the period of (980518-980818) does not reflect his prior period of active duty service.  However, the analyst noted that the applicant's DD Form 214 under review shows in item 12d "Total Prior Active Servce" the applicant was credited with 5 months and 20 days of prior active service, and 12e "Total Prior Inactive Service" the applicant was credited with 7 months and 1 day of prior inactive service.
       
       The analyst noted the applicant's issue about being issued a DD Form 214 that reflects his time served on active duty during the period 28 July 1997-December 1997 to reflect a period of honorable service; however, the correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       The analyst also noted the applicant's issue about not being able to obtain Orders for a period of service served in New York City, this issue does not fall within the purview of this Board.  However, the analyst recommends that the applicant seek assistance from The Adjutant General of New York, at 330 Old Niskayuna Road, Latham, NY  12110-2224.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, Orders, dated 31 July 1997, Honorable Discharge Certificate from the Army National Guard, dated 1 November 2003, NGB Form 22 for the period (010607-031101), Request for Orders, dated   17 October 2003, Reassignment Orders, dated 26 November 2003 and 30 September 2005, Discharge Order, dated  1 August 2006, and DD Form 214 for the period ending (980818).

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 applicant's characterization of service is improper.  The evidence of record shows the applicant completed split or alternate training 93 days (980518-980818) which terminated after beginning Phase II advanced AIT as an light wheel vehicle mechanic and was assigned to a permanent National Guard unit.  

For ARNG Soldiers, entry-level status begins upon enlistment in the ARNG.  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.  AR 635-200, stipulates Soldiers being separated upon expiration of enlistment or fulfillment of their service obligation will be awarded a character of service of honorable unless in entry level status.

In view of the aforementioned, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined the reason for discharge remains both proper and equitable  and voted not to change it.






        
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:




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 AR20110023343
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