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ARMY | DRB | CY2006 | AR20060000136C080324
Original file (AR20060000136C080324.doc) Auto-classification: Denied

Application Receipt Date: 051228

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See DD Form 293 and attached supporting documents.

II.  Were Proper Discharge and Separation Authority procedures followed?
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 930217
Chapter: 4    AR: 635-200
Reason: Expiration Term Of Service
RE:     SPD: LBK
Unit/Location:

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  740122
Current ENL Date: 920219    Current ENL Term: 8 Years  IADT/21 weeks
(920922)
Current ENL Service: 00 Yrs, 04Mos, 26Days      
Total Service:  00 Yrs, 07Mos, 03Days excess leave 5 days (930213-930217)
Previous Discharges: ADT 920922-930217/UNC
Highest Grade: E4
Performance Ratings Available: Yes    No
MOS: 74C10 Record Telecom Center Operator   GT: 117   EDU: HS Letter
Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record:
Current Address: Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The record does contain 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 that
he was discharged from the regular Army under the provisions of Chapter 4,
AR 635-200 by reason of expiration term of service, with service
uncharacterized.

      b.  Legal Basis for Separation:
      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).

      c.  Response to Issues, Recommendation and Rationale:
      After a careful review of all the applicant's available military
records during the period of enlistment under review, the issues and
documents he submitted, the analyst recommends that relief be denied in
this case.  The evidence of record shows that the applicant, while in entry-
level status, was released from active duty for training under the
provisions of Chapter 4, AR 635-200, by reason of expiration term of
service with service uncharacterized.  The characterization of service for
Soldiers separated under this provision of the regulation will normally be
honorable, unless the Soldier is in entry-level status.  A Soldier is in
entry-level status for the first 180 days of continuous active duty.  Army
Regulation 635-200 also provides, except in cases of serious misconduct,
that a Soldier’s service will be uncharacterized when separated in entry-
level status.  For ARNG and USAR soldiers ordered to IADT/ADT, entry-level
status terminates 180 days after the beginning of training.  In view of the
aforementioned, the analyst determined that the narrative reason for
discharge and characterization of service were both proper and equitable.





VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 061108
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: NA

Witnesses/Observers: NA

Exhibits Submitted: NA



VIII.  Board Decision
The discharge was:                Proper           Improper
                                             Equitable        Inequitable

The characterization of service was:   Proper            Improper
                                             Equitable        Inequitable

The narrative reasons were:             Equitable        Inequitable

DRB voting record:                      Change     No change    (Character)
                                        Change     No change    (Reason)
                                   (Board member names available upon
request)

IX.  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 discharge was
both proper and equitable and voted not to change it.






















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority:

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


MARY E. SHAW                      DATE: 061113
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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