Applicant Name:
Application Receipt Date: 2007/10/31 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant requested an Entry Level Separation due to the death of her father in May of 1997. She states a copy of her father's obituary would be mailed for the Board's consideration.
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: 970207 Chapter: 4 AR: 635-200
Reason: Completion of Required Active Service RE: SPD: MBK Unit/Location: C Co, 4-13 IN TNG Bn, Fort Jackson, SC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 25
Current ENL Date: IADT/961120 Current ENL Term: NIF Years ?????
Current ENL Service: 00 Yrs, 02Mos, 18Days ?????
Total Service: 08 Yrs, 00Mos, 00Days ?????
Previous Discharges: USAR 961025-041026/NA (Concurrent Service)
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: None GT: 101 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Dallas, TX
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific circumstances as to her entry into active service for the purposes of initial active duty training. However, 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. Furthermore, the DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service). Following completion of basic training, the applicant was released from active duty, with an effective date of 7 February 1997, and transferred to the 81st RSC, Birmingham, Alabama. Further, the record shows that on 17 Dec 97, Orders 351-9, Department of the Army, HQ, DA, 81st Regional Support Command reassigned the applicant to the U.S. Army Control Group, St. Louis, MO with an effective date of 12 January 1998, to complete her statutory obligation. She was released from the USARCG on 26 October 2004.
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 issue, and documents she submitted, the analyst recommend 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 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 in entry level status and 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: 9 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
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 discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
MARK E. COLLINS
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 AR20070015236
______________________________________________________________________________
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