PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Uncharacterized
2. Date of discharge (or REFRAD): 940531
3. Authority for separation:
a. Regulation: Chapter 4, AR 635-200
b. Reason: Completion of Required Active 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: 23 Weeks NDSM
b. Entry date: 940110
c. Age: 18 Years DOB: 750907
d. Educational level: HS Grad
e. Aptitude area score:
GT: 103 3. Highest grade
achieved:
f. Length of Service: E3
0 Year(s) 4 Month(s) 21 Day(s)
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: Time in service on the applicant’s DD Form 214 is incorrect
and should read “4 months and 21 days.”
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. Evidence of record shows that on 14 September 1993, the applicant
enlisted in the Texas Army National Guard (TXARNG) and the Reserve of the
Army for a period of 8 years. On 10 January 1994, he was ordered to Active
Duty for Training for a period of 23 weeks. On 31 May 1994, the applicant
successfully completed training and was released from active duty and
returned to his unit in the TXARNG. The record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty) which was authenticated by the applicant. His DD Form 214 indicates
that he was discharged under the provisions of Chapter 4, AR 635-200 by
reason of completion of required active service.
b. On 31 May 1994, the applicant was discharged. At the time of
discharge, the applicant had completed 4 months and 21 days of active
military service in the period under review.
c. The Board noted that the applicant’s DD Form 214 appears to
contain administrative errors in Blocks 12a and 12c. Block 12a should read
“940110” and Block 12c should read “4 months and 21 days.”
2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200,
in effect at the time, set forth the basic authority for separation of
enlisted personnel. Chapter 4 of that regulation provided, in pertinent
part, for the separation of individuals at completion of required service
(i.e., expiration term of service). Army regulations stipulate that
individuals who successfully complete Active Duty for Training while in
reserve status receive a characterization of service of uncharacterized
when the individual has served on active duty for less than l80 days.
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 030701.
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 7 April
2004.
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 applicant has not submitted an issue of equity
and the ADRB has not otherwise relied upon an issue of
equity to change the discharge. The major factors upon
which the discharge was based are set forth in Parts III
and IV of this decisional document.
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
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
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: 2003093199 INDEX NUMBERS: A9217
Date of Review: 040407 A9500
Character of Service: EL A0100
Date of Discharge: 940531
Authority: AR 635-200 C4
Reason: A0300
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. PO X X
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