Applicant Name: ?????
Application Receipt Date: 2009/01/09 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: NA
Discharge Received: Date: 951024 Chapter: 4 AR: 635-200
Reason: Completion of Required Active Service RE: SPD: MBK Unit/Location: 452 MD HSP CSH HUS - (WSCLA1)
Time Lost: NIF
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: 17
Current ENL Date: 950628/OAD Current ENL Term: NIF Years ?????
Current ENL Service: ?? Yrs, 3Mos, 27Days ?????
Total Service: 1 Yrs, 0Mos, 0Days ?????
Previous Discharges: USAR-941025-950627/NA
(Concurrent Service)
Highest Grade: E1 Performance Ratings Available: Yes No
MOS: 92Y/ Supply Specialist GT: 104 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: Applicant continues to serve in USAR. Promoted to E6 on 15 December 2008.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 22 June 2004, Department of Army, Headquarters, United States Army Training Center and Fort Jackson, Fort Jackson, SC 29207-5000, issued Orders 174-832, releasing the applicant from attachment to the US Army 120th AG Battalion (Reception), Fort Jackson, SC 29207-6700, and attaching her to B Company, 369th AG Battalion Training Brigade, Fort Jackson, SC 29207, for the purpose of MOS training (42L) for approximately 4 weeks or until completion of MOS training. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. Her DD Form 214 indicates that she 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 12 August 2004, and transferred to the 755th AG Company, 7800 W 15th St, Texarkana, TX 75501.
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 she 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. The analyst noted that the applicant was separated with an uncharacterized discharge. This type of discharge simply means that the soldier was in an entry-level status, i.e., in an initial probationary period of service. Any individual who has served for less than l80 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty. 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: 13 November 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 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 AR20090002527
______________________________________________________________________________
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