Applicant Name: ?????
Application Receipt Date: 080908 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 and supporting documentation submitted by the Applicant. Applicant states, "I was released from national guard duty based on VA disability rating of 80%. Thus, I should have been given a medically unfit for retention separation/discharge paperwork. I have supporting paperwork to go along with this request."
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: 051005 Chapter: 4 AR: 635-200
Reason: Completion of Required Active Service RE: SPD: LBK Unit/Location: 202d ADA Btry, Ft. Hood, TX
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: 19
Current ENL Date: 031012 Current ENL Term: 08 Years Enlisted in ARNG for 8 years. Unit mobilized on 031012. Placed in Medical Retention Processing Unit 050124-051005
Current ENL Service: 01 Yrs, 11 Mos, 24Days ?????
Total Service: 06 Yrs, 00 Mos, 00 Days ?????
Previous Discharges: ARNG - 010724-070723/HD (Concurrent service)
ADT - 020730-021213/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 54B Chem Ops Spec GT: 110 EDU: HS Grad Overseas: SWA Combat: Iraq (040328-050101)
Decorations/Awards: Purple Heart, ARCOM, Army Reserve Components Achievement Medal, AGCM, NDSM, ASR, AFRM w/M Device, GWOTSM, ICM, Illinois Abraham Lincoln Medal of Freedom, 1st Award, Illinois Military Attendance Ribbon, CAB
V. Post-Discharge Activity
City, State: Hillside, IL
Post Service Accomplishments: None submitted by the Applicant. Record of evidence contains an Army National Guard Current Annual Statement, dated 070924, indicating the Applicant remained an active member in the Army National Guard until being honorably discharged on 070323.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The Applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty). The Applicant was unavailable for signature. That DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 4, AR 635-40, by reason of completion of required active service, with an honorable discharge. Additionally, the DD Form 214 shows a Separation Code of LBK (i.e., completion of required active service).
The record of evidence indicates the Applicant was mobilized on 031012, was wounded in combat action on 24 December 2004 and, was subsequently transferred to the Military Holdover Medical Retention Processing Program (MPRU) for completion of medical care and treatment on 050124, where he remained until being honorably discharged on 051005. The record of evidence does not contain any information as to the resolution of the Applicant's medical status prior to his discharge.
b. Legal Basis for Separation:
Army Regulation 635-200, in effect at the time, sets 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 active service.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the Applicant's available military records and the issue and documents he submitted, the analyst found no mitigating factors that would merit a change to the Applicant's reason for discharge. The Applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the Applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). The Applicant was unavailable for signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The Applicant's DD Form 214 indicates that he was discharged under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with an honorable discharge. The Applicant's DD Form 214 shows a Separation Code of LBK (i.e., completion of required active service). The analyst noted the Applicant's issue that his reason for separation should have been"medically unfit for retention", however, without supporting documentation, the reason for discharge of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 5 June 2009 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 Applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the reason for discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change NA No change NA
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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080015484
______________________________________________________________________________
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