Applicant Name: ?????
Application Receipt Date: 080327 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 149 and supporting 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: 950628 Chapter: 4 AR: 635-200
Reason: Completion of Required Active Service RE: SPD: MBK Unit/Location: E/71st TC BN, Ft. Eustis, VA
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: 21
Current ENL Date: 950118 Current ENL Term: NIF Years ?????
Current ENL Service: 00 Yrs, 05Mos, 11Days ?????
Total Service: 08 Yrs, 07Mos, 22Days ?????
Previous Discharges: USAR-940118-020910/HD (concurrent Service)
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 88H Cargo Specialist GT: NIF EDU: NIF Overseas: None Combat: None
Decorations/Awards: NDSM, ASR.
V. Post-Discharge Activity
City, State: Washington, DC
Post Service Accomplishments: Not Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. 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 MOS training course, the applicant was released from active duty training, with an effective date of 28 June 1996. The record further contains Orders number 02-077-010, HQs, 99th RSC, Corapolis, PA, that indicate the applicant was discharged for unsatisfactory participation from 949th TC, Baltimore, MD, effective 18 March 2002. She was transferred to the U.S. Army Reserve Control Group and on 10 September 2002, discharged with an honorable characterization of service.
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 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 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. Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Additionally, the analyst noted the applicant's issue regarding her time with the 430th Transportation Co.; however if the applicant believes there is an error or injustice in her record of assignments, she then may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which is enclosed. Furthermore, for Soldiers in entry-level status, an honorable, a general, under honorable conditions discharge is not authorized. In view of the aforementioned, 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: 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 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)
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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080005567
______________________________________________________________________________
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