Applicant Name: ?????
Application Receipt Date: 2008/02/06 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents 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: 071130 Chapter: 4 AR: 635-200
Reason: Completion of Required Active Service RE: SPD: KBK Unit/Location: HHC, 2-7 AR Bn, Fort Riley, KS
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: 32
Current ENL Date: 060408 Current ENL Term: Indef Years ?????
Current ENL Service: 01 Yrs, 07Mos, 23Days ?????
Total Service: 14 Yrs, 05Mos, 20Days ?????
Previous Discharges: RA-930611-981202/HD
RA-981203-011210/HD
RA-011211-040907/HD
RA-040908-060407/HD
Highest Grade: E-6 Performance Ratings Available: Yes No
MOS: 42A30 Human Resources Spec GT: 114 EDU: 14 Years Overseas: Germany/Yugoslavia/Southwest Asia Combat: Kuwait/Iraq (051102-061024)
Decorations/Awards: ARCOM-4, AAM-3, AGCM-4, NDSM-2, KCM, ICM, GWOTSM, NCOPDR-2, ASR, OSR-3, AFAM, MUC, ASUA
V. Post-Discharge Activity
City, State: Manhattan, KS
Post Service Accomplishments: The applicant enlisted in the Ohio Army National Guard on 18 September 2008 for a period of six years.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 30 July 2007, the applicant voluntarily requested separation from the Army under the provisions of AR 635-200, Chapter 4, Paragraph 4, by reason of completion of required active service. However, the complete facts and circumstances pertaining to the applicants discharge from the Army are not contained in the available records. The record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. His DD Form 214 indicates that he was released from the Regular Army under the provisions of AR 635-200, Chapter 4, by reason of completion of required active service, with a honorable discharge. Furthermore, the DD Form 214 shows a Separation Code of KBK (i.e., completion of required active service). Further, in a memorandum dated 9 October 2007, the Chief, Retirements and Separation Branch, approved the applicant's request for voluntary separation with a separation date of 30 November 2007. On 10 October 2007, DA, HQ, 1st Infantry Division and Fort Riley, Fort Riley, KS, discharged the applicant from the Regular Army, effective date: 30 November 2007.
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 available military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for separation. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 635-200, paragraph 4, by reason of completion of required active service, with a honorable discharge. Further, the DD Form 214 shows a Separation Code of KBK (i.e., completion of required active service). Furthermore, the analyst noted the applicant's issues, however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 4, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Completion of Required Active Service" and the separation code is "KBK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. In view of the foregoing, the analyst determined that the narrative reason for discharge and the separation (SPD) code 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: 17 December 2008 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 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 0
Reason - Change 0 No change 5
(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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080003972
______________________________________________________________________________
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