Applicant Name:  ?????

Application Receipt Date: 2009/07/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests upgrade of his discharge from dishonorable to honorable.

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: 			Dishonorable   Date: 060203   Chapter: 4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: 107th MP Co, Utica, NY 

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: 050912/OADT    Current ENL Term: 00 Years  18 Weeks
Current ENL Service: 	00 Yrs, 04Mos, 22Days ?????
Total Service:  		00 Yrs, 06Mos, 10Days ?????
Previous Discharges: 	ARNG-050824-050911/NA
                                         (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 95   EDU: HS Grad   Overseas: Italy/Southwest Asia   Combat: Iraq (070818-080306)
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
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 him 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 he was released from the Regular Army under the provisions of Chapter 4,  AR 635-200, by reason of completion of required active service, with a dishonorable discharge.  Furthermore, the DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service).   
       
        The analyst noted that the applicant enlisted in the Army National Guard State of New York and was ordered to active duty for training.  Upon completion of his active duty training, the applicant was released and transferred back to his unit.  However, the applicant's  DD Form 214 block 24 character of service, reads "Dishonorable." The applicant was discharged under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with a dishonorable discharge.  
       
       The applicant was in entry level status which requires an uncharacterized separation of service.  Army Regulation 635-200, provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty and  the regulation requires an uncharacterized separation of service under this chapter.  The service of Soldiers specified in AR 635-200, paragraph 4-2i(1), who are in entry level status will be uncharacterized, even though they have completed their IADT successfully.  
       
       However, the evidence of record shows that someone in the separation process erroneously entered on the DD Form 214, block 24 character of service as, "dishonorable."   Therefore, the analyst recommends that block 24 be administratively corrected to read "uncharacterized."   

       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 issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 Soldier’s service will be uncharacterized when separated in entry-level status.  
       
       For ARNG 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 his service did not warrant an honorable discharge. 
       
       The analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214 block 24 character of service, as "dishonorable."  The analyst recommends to the Board that an administrative correction be made to block 24 character of service, to read "uncharacterized."  Except for the foregoing modification to the applicant's characterization of service, the analyst determined that the discharge was both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a DD Form 149 with the following documents:  three (3) DD Form 214s, dated (060203), (070419), (080320); Discharge Orders 072-0007, dated (080312).

 

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 Support Division-St. Louis to administratively correct block 24 character of service, to read "uncharacterized."  Except for the foregoing modification to the applicant's characterization of service, 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 Support Division-St. Louis to administratively correct block 24 character of service, to read "uncharacterized." 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None


























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 AR20090011900
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