Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060011718
Original file (AR20060011718.txt) Auto-classification: Denied
Application Receipt Date: 060818	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293.

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: NA
Discharge Received:     Date: 060603   
Chapter: 4    AR: 635-200
Reason: Completion of Required Active Service
RE:     SPD: MBK
Unit/Location: 755th Military Police Company, ARECIDO, PR 00934 

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:  820601  
Current ENL Date: 060201/OAD    Current ENL Term: 16 Weeks  (Or completion of basic and mos training)
Current ENL Service: 00 Yrs, 04Mos, 03Days ?????
Total Service:  00 Yrs, 09Mos, 15Days ?????
Previous Discharges: ARNG-050819-060131/NA
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 92Y10 (Unit Supply Specialist)   GT: NIF   EDU: NIF   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 evidence of record shows that on 1 February 2006, Department of Defense, Military Entrance Processing Station, Fort Buchanan, Puerto Rico, 00934-4206, issued self terminating Orders 6032007.  This order initiated the applicant's initial active duty for training (IADT), effective date 1 February 2006, for approximately 16 weeks, which upon completion of the training period, unless sooner relieved by proper authority, also ordered the applicant to return home.  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 that he was release 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 3 June 2006, and tranferred to the 755th MP CO, ARECIDO, PR 00934. 

      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).  The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  For ARNG and USAR Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after beginning training.
      
      
      
      

      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 and the issue 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 completion of required active 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.  Furthermore, for Soldiers in entry-level status, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  In view of the aforementioned, the analyst determined that the reason for discharge and characterization of service were both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 29 August 2007              
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 0    No change 5   - Character
		 			      Change 0    No change 5   - 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 to deny relief.





















Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
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 and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011718

Applicant Name:  Mr.        
______________________________________________________________________


Page 5 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060011660

    Original file (AR20060011660.txt) Auto-classification: Denied

    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 completion of required active 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel,...

  • ARMY | DRB | CY2009 | AR20090002527

    Original file (AR20090002527.txt) Auto-classification: Denied

    Discharge Under Review Unit CDR Recommended Discharge: Date: NA Discharge Received: Date: 951024 Chapter: 4 AR: 635-200 Reason: Completion of Required Active Service RE: SPD: MBK Unit/Location: 452 MD HSP CSH HUS - (WSCLA1) Time Lost: NIF Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. The evidence of record shows that the applicant, while in entry-level status, was released from active duty for training...

  • ARMY | DRB | CY2008 | AR20080000177

    Original file (AR20080000177.txt) Auto-classification: Denied

    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 completion of required active service, with service uncharacterized. A Soldier is in entry-level status for the first 180 days of continuous active duty. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review...

  • ARMY | DRB | CY2008 | AR20080015273

    Original file (AR20080015273.txt) Auto-classification: Denied

    Applicant Name: ????? However, the evidence of record shows that the applicant, while in entry-level status, was released from active duty for training under the provisions of AR 635-200, Chapter 4, by reason of completion of required active service, with service uncharacterized. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE...

  • ARMY | DRB | CY2008 | AR20080011495

    Original file (AR20080011495.txt) Auto-classification: Denied

    Discharge Under Review Unit CDR Recommended Discharge: Date: Not In File Discharge Received: Date: 941213 Chapter: 4 AR: 635-200 Reason: Completion of Required Active Duty Training RE: SPD: MBK Unit/Location: E Trp, 153d Cavalry, Ocala, FL Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. The evidence of record shows that the applicant, while in entry-level status, was released from active...

  • ARMY | DRB | CY2009 | AR20090011698

    Original file (AR20090011698.txt) Auto-classification: Denied

    Her DD Form 214 indicates that she 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. 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...

  • ARMY | DRB | CY2006 | AR20060013036

    Original file (AR20060013036.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 5 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD -...

  • ARMY | DRB | CY2011 | ar20110022466

    Original file (ar20110022466.txt) Auto-classification: Denied

    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. 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...

  • ARMY | DRB | CY2010 | AR20100014146

    Original file (AR20100014146.txt) Auto-classification: Denied

    Applicant Name: ????? A Soldier is in entry-level status for the first 180 days of continuous active duty. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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...

  • ARMY | DRB | CY2008 | AR20080015408

    Original file (AR20080015408.txt) Auto-classification: Denied

    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 completion of required active 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. Board Action Directed President, Army Discharge Review Board Issue a new DD...