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ARMY | DRB | CY2009 | AR20090013318
Original file (AR20090013318.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/07/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Change Separation Authority, Separation Code and Reentry Code

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: 050626   Chapter: 4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: LBK   Unit/Location: Co B, 404th ASB, Ft Hood, 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:  18
Current ENL Date: 010627    Current ENL Term: 4 Years  ?????
Current ENL Service: 	4 Yrs, 00Mos, 00Days ?????
Total Service:  		4 Yrs, 00Mos, 00Days ?????
Previous Discharges: 	USAR  050627-090325/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 88   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: GWOTSM, ACGM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Hinesville, GA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 March 2005, Department of Army, Headquarters III Corps and Fort Hood, Fort Hood, TX 76544-5050, issued Orders 073-0223, releasing the applicant from active duty.  
       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.  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 an honorable character of service.  
       Furthermore, the DD Form 214 shows a Separation Code of LBK (i.e., completion of required active service), and a Reentry 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 issue and documents she submitted, the analyst recommends that relief be denied in this case.  
             The evidence of record shows that the applicant record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s 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 an honorable character of service.  Furthermore, the DD Form 214 shows a Separation Code of LBK (i.e., completion of required active service), and a Reentry Code of 3.
             Furthermore, the applicant was discharged under the provisions of Chapter 4, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Completion of Required Active Service", and the separation code is "LBK."  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.
             Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  
        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: 2 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 214, Marriage Licence,  two DA Forms 268, Report to Suspend Favorable Personal Action and a memorandum to [redacted] dated 18 November 2009.
















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 narrative reason 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 0
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 AR20090013318
______________________________________________________________________________


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