Applicant Name:  ?????

Application Receipt Date: 2008/02/08	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: 	   Date: NIF
Discharge Received: 			   Date: 050603   Chapter: 6-3A      AR: 635-200
Reason: Hardship	   RE:     SPD: KDB   Unit/Location: 651st Troop Command, Springfield, IL 

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:  55
Current ENL Date: 050217    Current ENL Term: 2 Years  Orders 027-004 read, "not to exceed 730 days".
Current ENL Service: 	0 Yrs, 03Mos, 17Days ?????
Total Service:  		26 Yrs, 011Mos, 02Days ?????
Previous Discharges: 	RA 681014-710108/HD
                                       USAR 710109-741013/HD
                                       ARNG 810207-050216/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 88M30/ Motor Transport Op   GT: NIF   EDU: College Grad   Overseas: SWA (dates NIF)   Combat: SWA, Kuwait (dates NIF)
Decorations/Awards: GWOTSM, NDSM x3, GCMDL, ARCOTR, AR COMP ACHVMT MDL x5, AAM x3, AFEM, SWA MDL x3, BSS, KLM, AFRM, ARCM x2, ASR

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

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 the soldier was not available for signature.  The DD Form 214 indicates that the applicant was discharged under provisions of Chapter 4, AR 635-200, by reason of "Completion of Required Active Service" with a characterization of service as honorable.  Furthermore, the DD Form 214 shows a Separation Code of LBK (i.e.,Completion of Required Service) with a reentry code (RE) of "3".  The evidence of record shows that on 1 July 2005, Department of Military Affairs, State of Illinois, Springfield, IL, Orders 202-109, discharged the applicant from the Army National Guard and transferred him to the US Army Reserve Control Group: Retired with an effective date of 3 June 2005.  
       

       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.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which, the soldier was not available for signature.  The DD Form 214 indicates that the applicant was discharged under provisions of Chapter 4, AR 635-200, by reason of "Completion of Required Active Service" with a characterization of service as honorable.  Further, the DD Form 214 shows a Separation Code of LBK (i.e.,Completion of Required Active Service) with a reentry code (RE) of "3" and the analyst presumed government regularity in the discharge process.  The analyst found that the applicant's record shows a properly amended DD Form 215 correcting the characterization of service as Honorable, with the separation authority AR 635-200, paragraph 6-3A, narrative reason as Hardship, separation code as KDB.   Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issue; however, the Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank.  The Board may only change the characterization or reason for discharge.  If an applicant believes there is an error or injustice in his discharge, he then may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which can be obtained at a local military installation or from veteran’s assistance offices.  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: 18 March 2009         Location: Washington, DC

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 applicant had received an honorable characterization of service at discharge and determined that the narative reason 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 0
Reason -     Change 2    No change 3
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002300
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