Applicant Name:  ?????

Application Receipt Date: 2008/04/04	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: 	NA   Date: NIF
Discharge Received: 			Dishonorable  Date: 080313   Chapter:  4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: Co C, 832nd Trainees, Redstone Arsenal, AL 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 071003/OAD    Current ENL Term: 00 Years  NIF
Current ENL Service: 	00 Yrs, 05Mos, 11Days ?????
Total Service:  		00 Yrs, 06Mos, 03Days ?????
Previous Discharges: 	USAR-070911-071002/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 89B10 Ammunition Spec   GT: NIF   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Charleston, WV
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to her release from the Army.  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.  Her DD Form 214 indicates that she 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 dishonorable discharge.  Furthermore, the DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service).   
       
       The analyst noted that the applicant enlisted in the U.S. Army Reserve and was ordered to active duty for training.  Upon completion of her active duty training, the applicant was released and transferred back to her unit.  However, the applicant's  DD Form 214 block 24, character of service reads "Dishonorable." The applicant was discharged under the provisions of AR 635-200, Chapter 4, by reason of completion of required active service, with a dishonorable discharge.  The applicant was in entry level status which requires an uncharacterized separation of service.  Army Regulation 635-200, provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty and  the regulation requires an uncharacterized separation of service under this chapter.  The service of Soldiers specified in AR 635-200, paragraph 4-2(1), who are in entry level status will be uncharacterized, even though they have completed their IADT successfully.  However, the evidence of record shows that someone in the separation process erroneously entered on the DD Form 214, block 24, characterization of service as, "dishonorable."   Therefore, the analyst recommends that block 24 be administratively changed to read "uncharacterized."   

       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 issues and documents she submitted, the analyst recommends 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 AR 635-200, Chapter 4, by reason of completion of required active service, with a dishonorable discharge.  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 Soldier’s service will be uncharacterized when separated in entry-level status.  For USAR Soldiers ordered to IADT, entry-level status terminates 180 days after the beginning of training.  The service of Soldiers specified in AR 635-200, paragraph 4-2(1), who are in entry level status will be uncharacterized, even though they have completed their IADT successfully.  Furthermore, the analyst noted the applicant's issue, however, a fully honorable discharge is not authorized under ELS conditions.  For Soldiers in entry-level status, 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 her service did not warrant an honorable discharge.  
       
Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as "dishonorable."   In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24, character of service to read "uncharacterized."  Except for the foregoing modification to the applicant's characterization of service, the analyst determined that the discharge was both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 January 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 voted to administratively change block 24, character of service to read "uncharacterized."  Except for the foregoing modification to the applicant's characterization of service, 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 5    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 AR20080005129
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