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ARMY | DRB | CY2009 | AR20090009407
Original file (AR20090009407.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/05/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant in effect wants discharge upgraded to Honorable. Applicant believes his completion of Basic and AIT warrant an Honorable Discharge. Applicant states that the Uncharacterized discharge is hurting employment opportunities.

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: 060331   Chapter: 4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: Co C, TR TC, Ft. Lee, VA 

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:  24
Current ENL Date: 051003    Current ENL Term: 6 Years  ?????
Current ENL Service: 	0 Yrs, 5Mos, 28Days ?????
Total Service:  		3 Yrs, 0Mos, 0Days (per NGB Form 22)
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Specialist   GT: 117   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Jefferson City, MO
Post Service Accomplishments: Upon completion of Basic and AIT, Applicant provided documentation of 3 years of honorable service in the Missouri ARNG (NGB 22).

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 March 2006, Department of Army, Headquarters, United States Army Training Center and Fort Lee, VA 23801, released the applicant from attachment to the CO G TR TC.  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.  His 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 MOS training course, the applicant was released from active duty training, with an effective date of 31 March 2006, and transferred to Co C, 735th SPT Bn, 2302 Militia Dr., Jefferson City, MO 65101.
       

       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 issue he submitted, the analyst recommends 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.  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.  Furthermore, for Soldiers in entry-level status, a general, under honorable conditions discharge is not authorized.  
       
       The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 24 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, orders, NGB Form 22, DD Form 149.


















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






























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090009407
______________________________________________________________________________


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