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. Soldiers 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 applicants 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 applicants 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 applicants record of service during the period of enlistment under review and considering the analysts 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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