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ARMY | DRB | CY2009 | AR20090003592
Original file (AR20090003592.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/02/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "THE REASON THAT I NEED FOR MY DISCHARGE TO BE CHANGED IS BECAUSE I SERVED MAJORITY OF MY TERM. AND MY UNIT DISBURSED AND I ENDED UP IN IRR. AND THE CERTIFICATE OF RELEASE ONLY SHOWS THAT I COMPLETED AIT. AND THE CHARACTER OF SERVICE SAY THAT I WAS UNCHARACTERIZED AND I REALLY NEED FOR IT TO BE CHANGED TO HONORABLE BECAUSE I DID EVERYTHING THAT WAS ASKED. AND THEY ALSO DID NOT GIVE ME A REENTRY CODE OR A SEPARATION CODE AND I REALLY NEED IT SO THAT I MAY TRY AND GO ACTIVE. IT MAKES IT SEEMS AS IF I DID NOT COMPLETE ANY OF THE TRAINING OR THAT I HAD SOME TYPE OF PROBLEM WHICH IS NOT CORRECT AT ALL."

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: 960213   Chapter: 4     AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: NA   Unit/Location: 330th MC Hosp, CSH Hub, Millington, TN 

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:  19
Current ENL Date: 951005/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	00 Yrs, 04Mos, 09Days ?????
Total Service:  		00 Yrs, 04Mos, 09Days ?????
Previous Discharges: 	USAR-950424-951004/NA
                                        (Concurrent Service)
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 76J10 Medical Supply Spec   GT: 88   EDU: HS Grad   Overseas: None   Combat: None

Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  APO AE O09034
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 order releasing her from active duty training.  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 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 "NA."  Following the completion of her MOS training course, the applicant was released from active duty training, on 13 February 1996, according to her DD Form 214, and transferred to, 330th Hospital, Memphis, TN 38116.

             The analyst noted that on the applicant's DD Form 214 block 26, Separation (SPD) Code reads "NA," and block 27 Reentry Eligibility (RE) code reads "NA."  However, according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a  Separation (SPD) Code of "MBK" and a  Reentry Eligibility (RE) Code of "3." 

       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 and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  However, the evidence of record shows that the applicant, while in entry-level status, was released from active duty for training under the provisions of AR 635-200, Chapter 4, 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 USAR Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge.  Furthermore, the analyst noted the applicant's issue; however, if the applicant desires to reenlist, she should contact the local recruiter to determine her 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.  Further, 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.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 26, Separation (SPD) Code reads "NA," and block 27 Reentry Eligibility (RE) Code reads "NA."   The analyst recommends that block 26, Separation (SPD) Code be administratively changed to "MBK" and block 27, Reentry Eligibility (RE) Code to "3."  Except for the forgoing modifications to the applicant's separation (SPD) code and the reentry eligibility (RE) code, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.  
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 November 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 directs ARBA St. Louis to administratively change block 26, Separation (SPD) Code to "MBK" and block 27, Reentry Eligibility (RE) Code to "3."  Except for the forgoing modifications to the applicant's Separation (SPD) Code and the Reentry Eligibility (RE) Code, 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: The Board directs ARBA St. Louis to administratively change block 26, Separation (SPD) Code to "MBK" and  block 27, Reentry Eligibility (RE) Code to "3."									
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090003592
______________________________________________________________________________

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