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ARMY | BCMR | CY2011 | AR20110023364
Original file (AR20110023364.txt) Auto-classification: Denied
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 in effect his current discharge interferes with his benefits for post 9/11, because the time is not being accounted for as 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: 080821   Chapter: NIF     AR: 635-200
Reason: NIF	   RE:     SPD: NIF   Unit/Location: HQ Co, Walter Reed AMC, Walter Reed, DC 

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:  30
Current ENL Date: 070713/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 01  Mos, 09  Days ?????
Total Service:  		13 Yrs, 11  Mos, 21  Days ?????
Previous Discharges: 	USN-940901-980612/HD
                                       USNR-980613-981025/NA
                                       USAR-981026-021005/NA
                                       USAR-021006-070712/NA
                                         (Concurrent Service)
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 68W10/Health Care Specialist   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, ARCAM, NDSM, GWOTSM, NCOPDR, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record does contain a DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  
       
       Her DD Form 214, indicates she was discharged by reason of completion of period of ADT, with an uncharacterized separation of service.

       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.  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 her 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. 
       
       Furthermore, the analyst determined that the applicant’s narrative reason for separation is improper.  The analyst found that the applicant served her entire period of service and should have been discharged under the provisions of AR 635-200, Chapter 4, by reason of completion of required active service.  In view of the foregoing, the analyst recommends to the Board that block 25 separation authority, be changed to "AR 635-200, Chapter 4," block 26 separation (SPD) code, changed to "MBK," block 27 reentry eligibility (RE) code, changed to "1," and block 28 narrative for separation, changed to "Completion of Required Active Service."  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, DD Form 214 for a prior period of service, DD Form 214 for post service (2), 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 her 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.  

Furthermore, the Board determined that the applicant’s narrative reason for separation is improper.  The Board found that the applicant served her entire period of service base on self-terminating orders and should have been discharged under provisions of AR 635-200, Chapter 4, by reason of completion of required active service.  In view of the foregoing, the Board voted to change block 25 separation authority to "AR 635-200, Chapter 4," block 26 separation (SPD) code changed to "MBK," block 27 reentry eligibility (RE) code  to "1," and block 28 narrative for separation to "Completion of Required Active Service." 
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: "Completion of Required Active Service" under the provisions of  AR 635-200, Chapter 4.
Other: Block 24 character of service, to "Honorable," block 25 separation authority, to "AR 635-200, Chapter 4," block 26 separation (SPD) code, to "MBK," block 27 reentry eligibility (RE) code, to "1," and block 28 narrative reason for separation, to "Completion of Required Active Service."
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????

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 AR20110023364
______________________________________________________________________________


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