Applicant Name: ?????
Application Receipt Date: 081105 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 and 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: 941201 Chapter: 4 AR: 635-200
Reason: Completion of Required Active Service RE: SPD: MBK Unit/Location: E Co, 8th Trans Bde, Ft. Eustis, VA
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 940623 Current ENL Term: 8 Years USAR
Current ENL Service: 0 Yrs, 3Mos, 21Days ?????
Total Service: 0 Yrs, 3Mos, 21Days ?????
Previous Discharges: None
Highest Grade: E1 Performance Ratings Available: Yes No
MOS: 88K10 Watercraft Operator GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Riverview, FL
Post Service Accomplishments: Advanced to Specialist 17 May 1997 in USAR, ARCAM 19 August 1998, HD from USAR 25 June 2002.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. His DD Form 214 indicates that he 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 1 December 1994, and transferred to the 231st TC CO, 1420 Beach Dr. SE. St. Petersburg, FL 33701.
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 he submitted, the analyst recommend 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. Furthermore, for Soldiers in entry-level status, a general, under honorable conditions discharge is not authorized. Furthermore, the analyst noted the applicant's issue that the applicant requests to have corrections made to his DD Form 214, this action does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. The analyst noted that the applicant has already submitted a DD Form 149 to the ABCMR dated 20 October 2008 and the ABCMR acknowledged the receipt of the DD Form 149 to the applicant with a letter dated 5 November 2008. In view of the aforementioned, the analyst determined that the reason for discharge and characterization of service were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 090819 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 AR20080018085
______________________________________________________________________________
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