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ARMY | DRB | CY1998 | 1998014474
Original file (1998014474.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UNCHAR

2. Date of discharge (or REFRAD): 900530

3. Authority for separation:

         a. Regulation: Chapter 4, AR 635-200

          b. Reason: Expiration Term of Service
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ASR
a. Period entered for: NIF
b. Entry date: 900208
c. Age: 25 Years DOB: 641021
d. Educational level: NIF
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E3
0 Years 3 Months 23 Days

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The available records show that the applicant successfully completed his initial active duty for training and was released from active duty on 30 May 1990. The record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), authenticated by the applicant, which documents the following: Authority for Separation: Paragraph 4-2h, AR 635-200; Narrative Reason for Separation-Expiration of Term of Service; and Character of Service-Uncharacterized.

         b. On 30 May 1990, the applicant was released from active duty upon the successful completion of his initial active duty for training (IADT) and assigned to his reserve unit. At the time of his separation the applicant had completed
3 months and 23 days of active military service.

         c. Regulatory guidance indicates that the service of USAR soldiers who are separated upon the successful completion of IADT, while still in an entry level status, will have their service described as uncharacterized. A USAR soldier, who is not on a split training option, is in an entry level status for the first 180 days of active duty. The regulation makes clear that the uncharacterized description of service will be used even when the applicant successfully completes his IADT.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 provides the policy and procedure for separating soldiers at the completion of their term of service. Paragraph 4-2h states, in pertinent part, that ARNGUS and USAR soldiers who successfully complete a period of Initial Active Duty for Training (IADT) to which ordered, will out-processed per AR 612-201; and that the service of soldiers specified in this paragraph, who are in entry level status will be uncharacterized, even though they have completed their IADT successfully.


SECTION B-APPLICANT’S SUBMISSIONS

 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 981209, with one (1) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 17 February 1999.

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
          Counsel ( ) Yes ( X ) No
         e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         b. Request: ( X ) Recharacterization ( ) Change of Reason


2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.
         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (1), (2), (3), and (4) The issues are rejected. The Board noted the applicant’s contentions that, in effect, his discharge should be honorable for the following reasons: because he performed well on active duty; because he wishes to use his veterans entitlements; because he may wish to gain employment with the State or Federal governments; and because he is still serving honorably with the reserves. However, while the Board appreciates the applicant’s desire for an honorable discharge, it was determined that the applicant was separated in accordance with applicable regulations. The Board noted that the applicant’s service was described as uncharacterized. By regulation, USAR soldiers separating upon the completion of IADT, who have served for less than l80 days of active duty, will be given an uncharacterized description of service. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty. The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief.

3. Response(s) to item(s) not addressed as decisional issue(s): NONE
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .
2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. ADRIANCE
Case Reviewing Official 


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

 AR Number: 1998014474 INDEX NUMBERS: A9201
Date of Review: 990217 A9217
Character of Service: EL A9445
Date of Discharge: 900530 A0100
Authority: AR 635-200 C4
Reason: A6300
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR
1.      Mbr      X          X    
2.      Mbr      X          X    
3.      Mbr      X          X    
4.      Mbr      X          X    
5.      Mbr      X          X    

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