Applicant Name: ?????
Application Receipt Date: 070809
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and enclosed documents submitted by the Applicant.
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: 061003
Chapter: 4 AR: 635-200
Reason: Completion of Period of ADT
RE: SPD: NIF
Unit/Location: Student Co, Walter Reed AMC, Walter Reed, DC
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8504
HOR City, State: Jackson, MI
Current ENL Date: 041201 Current ENL Term: IADT/78 weeks Years ?????
Current ENL Service: 01 Yrs, 10Mos, 03Days ?????
Total Service: 01 Yrs, 10Mos, 03Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 91W10/Health Care Spc GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 03 December 2004, Department of Army, Headquarters, United States Army Training Center and Fort Jackson, Fort Jackson, SC 29207-5000, issued Orders 4338024, ordering the applicant to initial active duty for training (IADT) at the US Army 120th AG Battalion (Reception), Fort Jackson, SC 29207-6700, and attaching her to Fort Sam Houston, TX, for the purpose of MOS training (91W) for approximately 78 weeks or until completion of MOS training. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. 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 period of active duty training, with service uncharacterized. Furthermore, the DD Form 214 does not indicate a Separation Code. Following completion of MOS training course, the applicant was released from active duty training, with an effective date of 03 October 2006, and transferred to the 0323 MC HSP CSH Southfield, MI.
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 applicants military records, the analyst noted that the characterization is improper and recommends relief in the form of an upgrade of the characterization of the applicant's service to fully honorable. The evidence of record shows that the applicant, while on initial active duty for training served more than 180 days of continuous active duty and received an MOS and was released from active duty under the provisions of Chapter 4, AR 635-200, by reason of completion of period of active duty for training, 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 Soldiers 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 applicant was no longer in entry level status and that the characterization of service was improper and recommends to the Board that the characterization of service be upgraded to fully honorable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 080905
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: Proper Improper
Equitable Inequitable
DRB voting record: Change 5 No change 0 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was improper and as a result it is inequitable. The Board determined that the applicant was not in entry level status, had attained an MOS and had completed his term of active service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it.
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: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 080905
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070010923
______________________________________________________________________
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