Applicant Name:  ?????

Application Receipt Date: 2008/09/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he needs the reason as listed in his DD Form 214, block 28, changed from “Attend Civilian School” to just “Attend School.”  He further states that the California Department of Unemployment can’t pay him his benefits because of it.  

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: 080304
Discharge Received: 			   Date: 080526   Chapter: 5-16    AR: 635-200
Reason: Attend Civilian School	   RE:     SPD: MCF   Unit/Location: A Co, 2-75 Ranger Rgt, Fort Lewis, WA 

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:  18
Current ENL Date: 040624    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 11Mos, 03Days ?????
Total Service:  		03 Yrs, 11Mos, 03Days ?????
Previous Discharges: 	None
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B2V/Infantryman   GT: 110   EDU: HS Grad   Overseas: SWA   Combat: Iraq x 4 (050405-050716, 051116-060222, 060929-070111, 070705-071010) 
Decorations/Awards: Awards:  AM, JSCM, ARCOM, AGCM, NDSM, GWOTSM, ASR, OSR-2, ICM-2BSS, RANGER TAB, PB

V.  Post-Discharge Activity
City, State:  Citrus Heights, CA
Post Service Accomplishments: The Applicant is attending college.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 March 2008, the Applicant requested voluntary early separation to attend school.  On 4 March 2008, the unit commander recommended approval of the early separation action.  On 24 March 2008, the separation authority approved the separation action and directed that the applicant be discharged with an honorable characterization of service.  He was to be transferred to the U.S. Army Reserve Control Group to complete his statutory obligation.  The Applicant was discharged from the Army on 26 May 2008
       
       

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 5, paragraph 5-16, stipulates that Soldiers may be discharged or released from active duty for the convenience of the Government, up to 90 days before ETS, in order to attend a specific term at college, university, vocational school, or technical school.  Soldiers serving initial enlistments of less than 3 years, members of the ARNGUS or USAR serving on ADT, and former senior ROTC cadets ordered to active duty because of breaches of contract are ineligible for separation under this paragraph.  To qualify for early separation, eligible soldiers must provide a statement from an appropriate school official indicating acceptance for enrollment in a full-time resident course of instruction.  The statement must also reflect that the latest acceptable registration date for the school term falls within the 90–day period preceding the soldier’s ETS.  A soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.

       c.  Response to Issues, Recommendation and Rationale:  
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments he achieved while in the Army as shown by his outstanding record of service and by the numerous awards he received to include his four combat tours in Iraq.  However, after a careful review of all the applicant’s military records during the period of enlistment under review and the issue submitted with his application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The applicant was discharged under the provisions of Chapter 5, paragraph 5-16, AR 635-200, by reason of early release to attend a civilian school with an honorable characterization of service.  The narrative reason for separation is governed by specific directives.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Attend Civilian School” and the separation code is "MCF."  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 was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2009/06/19         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
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 AR20080014557
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