Applicant Name: 

Application Receipt Date: 2007/10/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that she served long enough to get a proper characterization and that she would like the opportunity to join another Service.  She was not given a DD Form 214 from her last unit, the only thing she received was a copy of the orders.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 050922   Chapter: 4    AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: HHC, 96th MP Bn, San Diego, CA 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: IADT/050310    Current ENL Term: 24 weeks Years  ?????
Current ENL Service: 	00 Yrs, 06Mos, 13Days ?????
Total Service:  		00 Yrs, 06Mos, 28Days ?????
Previous Discharges: 	USAR 050224-060420/NA (Concurrent Service)
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Log Spc   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  El Cajon, CA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       a.  The evidence of record shows that on 24 February 2005, the applicant enlisted in the Army Reserve for a period of 8 years.  She completed basic combat training and advanced individual training as an automated logistical specialist.  She was assigned to a permanent USAR Ready unit.  On 10 March 2005, she was ordered to active duty for training for a period of 24 weeks or completion of basic and MOS training, Military occupational specialty (MOS): 92A10 automated logistical specialist (Phase I and II) training.  On 22 September 2005, the applicant successfully completed training and was released from active duty training and returned to her USAR Ready unit.  At the time of release from active duty training, the applicant had completed 6 months and 13 days of active military service in the period under review.   Further, the evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army Reserve.  The record indicates that on 21 March 2006, Department of the Army, Headquarters, 63d Regional Readiness Command, Los Alamitos, CA, Orders 06-080-00020, discharged the applicant from the Army Reserve, effective 20 April 2006 with an uncharacterized discharge.   

       b.  Legal Basis for Separation:  
       (1)  Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service by reason of unsatisfactory performance.  The service of a member separated under the provisions of Army Regulation 135-178 will be characterized as honorable, general under honorable conditions, under other than honorable, or uncharacterized if in entry level status.
       
       (2)  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 discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training.  

       c.  Response to Issues, Recommendation and Rationale:  
(1)  After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.   The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the U.S. Army Reserve.  However, the applicant’s record does contain a properly constituted Department of the Army Order that stipulates that the applicant was discharged with an uncharacterized discharge.  Army Regulation 135-178 provides in pertinent part, for ARNGUS and USAR soldiers, that entry-level status begins upon enlistment in the ARNG or USAR.   For soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.   For soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.  The purpose of the entry-level status is to provide the soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry-level status.  In the absence of the facts and circumstances that led to the applicant's discharge from the USAR, the analyst presumed government regularity in the discharge process.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

(2)  In the course of the review of the applicant’s military records and the issue she submitted, the analyst determined that the applicant's characterization of service from the Regular Army for the period of 10 March 2005 through 22 September 2005 is improper.  Army regulations stipulate that the service of any individual who has more than 180 day’s of continuous active duty at the time of his or her discharge will be characterized.  Further evidence of the record shows that she completed basic combat training and advanced individual training as an automated logistical specialist and was assigned to a permanent USAR Ready unit.  In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the applicant’s reason for discharge was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 September 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
(1)  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 applicant’s discharge from the U.S. Army Reserve for the period of 24 February 2005 through 20 April 2006, was both proper and equitable and voted to deny relief.  

(2)  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 applicant’s discharge from the Regular Army for the period of 10 March 2005 through 22 September 2005, is improper.  The evidence of record supports that she was released from active duty, under the provisions of Chapter 4, Army Regulation 635-200, after completion of her active duty for training.  The board noted that the applicant completed 6 months and 13 days of continuous active service and was no longer in entry level status.  AR 635-200 stipulates soldiers being separated upon expiration of enlistment or fulfillment of their service obligation will be awarded a character of service of honorable unless in entry level status.   In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable.
        
IX.  Board Decision						XI.  Certification Signature
Board Vote:  							Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								EDGAR J. YANGER			 
Issue a new DD Form 214  					Colonel, U.S. Army
Change Characterization to: 			President, Army Discharge Review Board	  
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA


 
       	
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070015159
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