Applicant Name:  

Application Receipt Date: 2008/11/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 submitted in lieu of DD Form 293 submitted by the Applicant.  The Applicant states, "I was young and had issues with my mothers sickness and her following death. I have since spent various hours supporting my nation through volunteer effort in orginations such as CERT, Reserve Medical Corp, Free and Accepted Masons of the State of NY. I currently volunteer at The VA in Brooklyn".

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: 940504   Chapter: 4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: 447th SIG BN, Ft Gordon, GA 

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:  19
Current ENL Date: 931023    Current ENL Term: 8 Years  ?????
Current ENL Service: 	00 Yrs, 04Mos, 01Days ?????
Total Service:  		8 Yrs, 0Mos, 01Days ?????
Previous Discharges: 	ARNG 931023-940103/NA
                                       ARNG 950505-960429/NA
                                        USAR   960430-011024/HD
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 74C10 Record Telecommunications Center Operator   GT: 114   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM

V.  Post-Discharge Activity
City, State:  Brooklyn, NY
Post Service Accomplishments: The Applicant states he has since his discharge spent various hours supporting the Nation through volunteer efforts in organizations such as CERT, Reserve Medical Corps, Free and Accepted Masons of the State of NY and he currently volunteers at the VA in Brooklyn.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge.  The record contains 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 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 the MOS training course, the applicant was released from active duty training, with an effective date of 4 May 1994, and transferred to Co A, 101 Signal BN, Brooklyn, NY 11215-5194.

       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 Soldier’s 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.  Soldiers in entry-level status, a general, under honorable conditions discharge is not authorized.  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.  Furthermore, the analyst noted the applicant's issue and noted that the applicant met entrance qualification standards to include age.  There is not evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  The analyst further determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  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: 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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080019120
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