Applicant Name:
Application Receipt Date: 2009/01/23 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, "I enlisted with the understanding that I would be receiving all benefits promised and contracted to me. I served two years, attending all required training and completed those schools with honor and good conduct. It is unfair for my character and my time in service to be stained by an Uncharacterized Discharge. My time in service was Honorable. I respectfully feel it should be documented as such."
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: 081204 Chapter: 8-35d(2) AR: NGR 600-200
Reason: Erroneous Enlistment RE: SPD: NA Unit/Location: HHD, 3D BN 20th SF GP, Starke, FL
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: 20
Current ENL Date: 070214 Current ENL Term: 8 Years ?????
Current ENL Service: 1 Yrs, 09Mos, 21Days ?????
Total Service: 2 Yrs, 06Mos, 20Days ?????
Previous Discharges: RA 070702-071130/HD
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 42A/Human Resources Admin GT: 127 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Jacksonville, FL
Post Service Accomplishments: None submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The record indicates that on 4 December 2008, Department of the Army and the Air Force, Flordia National Guard, Office of the Adjutant General, Saint Augustine, FL, Orders 339-017, discharged the applicant from the Army National Guard, effective 4 December 2008. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). It indicates that the applicant was discharged under the provisions of Paragraph 8-35d(2), NGR 600-200, by reason of erroneous enlistment with an uncharacterized discharge and with a reenlistment eligibility (RE) code of "3."
b. Legal Basis for Separation:
Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, of that regulation provides, in pertinent part, that a Soldier may be separated on the basis of an erroneous enlistment, induction, or extension of enlistment.. For the purpose of this chapter, the term enlistment means both an original enlistment and any subsequent enlistments (re-enlistments). Soldiers separated under this chapter may be awarded an honorable discharge, or a general discharge, or a discharge under other than honorable conditions. If in an entry level status the characterization will be uncharacterized.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records and the issues he submitted, the analyst determined that the applicant's characterization of service is improper. Army regulations stipulate that the service of any individual who has more than 180 days of continuous active duty at the time of his or her discharge from active duty will be characterized. Further evidence of the record shows that he completed basic combat training and advanced individual training as a human resources administrator and was assigned to a permanent ARNG unit. In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined that the applicants reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 28 October 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the applicants discharge is improper. The board noted that the applicant completed 1 year, 9 months and 21 days of continuous active service, completed AIT and BCT and was given a follow on assignment and was no longer in entry level status. AR135-178 stipulates Soldiers being separated upon expiration of enlistment or fulfillment of their service obligation will be awarded a character of service of honorable unless in entry level status. In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090002280
______________________________________________________________________________
Page 1 of 2 pages
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