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ARMY | DRB | CY2008 | AR20080000275
Original file (AR20080000275.txt) Auto-classification: Denied
Applicant Name:  

Application Receipt Date: 2008/01/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 submitted by the Applicant.

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 021127   Chapter: 6-3A       AR: 635-200
Reason: Hardship	   RE:     SPD: KDB   Unit/Location: FTC 120th TC, Ft Jackson, SC 

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:  26
Current ENL Date: 020604    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 05Mos, 24Days ?????
Total Service:  		00 Yrs, 05Mos, 24Days ?????
Previous Discharges: 	USAR 990827-991019/UNK
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: GED    Overseas: None   Combat: None
Decorations/Awards: None

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, 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.  The DD Form 214 indicates that the applicant was discharged under provisions of Chapter 6, AR 635-200, by reason of Hardship with an uncharacterized separation of service.  Furthermore, the DD Form 214 shows a Separation Code of KDB (i.e., hardship) with a reentry code (RE) of "3".  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 6-3A  provides for the separation of Soldiers because of hardship or dependency.  Hardship, for the purpose of separation under this paragraph is defined as circumstances not involving death or disability of a member of a soldier's (or spouse's) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful reveiw of all the applicant's available military records for the period of enlistment under review, the issue and documents he 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 his discharge from the US Army.  The evidence of record shows that the applicant received a properly constituted DD Form 214, which was authenticated by his signature and the analyst presumed government regularity in the discharge process.  The DD Form 214 shows a characterization of service as uncharacterized, with the separation authority AR 635-200, paragraph 6-3A, narrative reason of Harship, separation code of KDB and a reentry code (RE) of "3".   The applicant’s service was uncharacterized because he was in entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the soldier a probationary period.  Barring evidence of the  contrary, the analyst was satisfied that all requirement of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   Furthermore, Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldier's service will be uncharacterized when his separation is initiated while the soldier is in entry level status.  A general discharge is not authorized under ELS conditions.  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.  Additionally, the analyst acknowledges the incident that caused the applicant to request a hardship discharge; however, did not find said issue sufficiently migitating to warrant an upgrade of the discharge under review.  In view of the foregoing, the analyst determined that the reason for discharge and characterization of service were both proper and equitable and recommends to the Board to deny relief.
  
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 31 October 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 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.  
        
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)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080000275
______________________________________________________________________________


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