Applicant Name:  ?????

Application Receipt Date: 2008/11/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Im looking to return to active duty but Im being told I need a waiver.  I am requesting to have the block 26 and 27 changed changed to a status that doesnt require a waiver
My DD-214 says: Block 9 "USAR CON GP (REINF) AR-PERSCOM, 9700 PAGE BLVD, ST LOUIS, MO 63132, block 26  "LBK," block 27  "3," and block 28, completion of required active service."

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 010205   Chapter: 4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: LBK   Unit/Location: HHC DISCOM, Fort Stewart, GA 

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:  28
Current ENL Date: 990203    Current ENL Term: 2 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 00Days ?????
Total Service:  		07 Yrs, 02Mos, 09Days ?????
Previous Discharges: 	RA-931124-970115/HD
                                       RA-970116-990202/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 31U20 Signal Support Systems Spec   GT: 98   EDU: HS Grad   Overseas: Germany/Bosnia   Combat: None
Decorations/Awards: ARCOM-3, AAM, AGCM-2, AFSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Davenport, FL
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 his release from active duty and assignment to the USAR Control Group (Reinforcement).  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.  The DD Form 214 indicates that he was released from the Regular Army under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with an honorable discharge.  Furthermore, the DD Form 214 shows a Separation Code of LBK (i.e., completion of required active service).  On 6 November 2000, DA, HQ, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA, Orders 311-0014, released the applicant from active duty, effective date:  2 February 2001.    

       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 document he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for separation.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his release from active duty and assignment to the USAR Control Group (Reinforcement).  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.  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, by reason of completion of required active service, with an honorable discharge.  Further, the DD Form 214 shows a Separation Code of LBK (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 "LBK."  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.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Finally, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  In view of the foregoing, the analyst determined that the narrative reason for discharge, the separation (SPD) code to include the reenty eligibility (RE) code 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: 28 August 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 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 AR20080016995
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