Applicant Name:  ?????

Application Receipt Date: 2009/02/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states on the DD Form 293, "The separation code (Block 26) on my DD-214:
Block 26 states "MGH". Why was "MGH" placed on my DD-214? "MGH" indicates wash out of Warrant Officer Program? I was never in any such program. It is now affecting an oppurtunity for me to join the National Guard."

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: 980417   Chapter: 16-5c       AR: 635-200
Reason: Non-Retention on Active Duty	   RE:     SPD: MGH   Unit/Location: HHC, Ft Sam Houston, Tx 

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:  21
Current ENL Date: 951208    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 04Mos, 10Days ?????
Total Service:  		5 Yrs, 06Mos, 26Days ?????
Previous Discharges: 	RA 920922-951207/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 31C/Single Channel Radio Operator   GT: NIF   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: AAM, AGCM, NDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Convoy, OH
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 16-5c, AR 635-200, by reason of non-retention on active duty, with a characterization of service of honorable. Furthermore, the DD Form 214 shows a Separation Code of MGH (i.e., non-retention on active duty), with a reenlistment eligibility (RE) Code of "3."  
       Further, someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, separation authority, AR 635-200, para 16-5c.  The block should read AR 635-200, para 16-4 (non-retention on active duty).

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-4 states, in pertinent part, that Soldiers who decline to meet service remaining requirements and who have signed a DCSS may request immediate separation.  Soldiers who have signed a Declination of Continued Service Statement and are subsequently alerted for schooling or assignment for which they have sufficient service remaining, must request early separation within 30 days of the alert, or else comply with the reassignment instructions.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable.

       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 issue he submitted, the analyst finds no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s 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.  This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 16-5c, AR 635-200, by reason of non-retention on active duty, with a characterization of service of honorable.  Furthermore, the DD Form 214 shows a Separation Code of MGH, with a reenlistment eligibility (RE) Code of "3."  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Paragraph 16-5c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "non-retention on active duty", and the separation code is "MGH"  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Additionally, if the applicant desires to reenlist, he should contact the local recruiter to determine his 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.  
       Also, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, separation authority as "para 16-5c".  The analyst recommends that block 25 be administratively corrected to read "para 16-4" in accordance with AR 635-200.  Except for the foregoing modification to the applicant's separation athority, the analyst determined that the reason for discharge was both proper and equitable and recommends to the Board to deny relief.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 December 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA






VIII.  Board Discussion, Determination, and Recommendation
Further, the Board found that the separation authority was annotated incorrectly on the DD Form 214.  Accordingly, the Board voted to change the separation authority to AR 635-200, paragraph 16-4.  Except for the foregoing modification to the applicant's separation authority, 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: Separation Authority to 635-200, para 16-4										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090004957
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