Applicant Name:  ?????

Application Receipt Date: 2010/03/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he elected early separation to attend school and that his request was granted.  However, block 25, of his DD Form 214 is incorrect.  He believes this paragraph is for a physical or mental disorder. 

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: 990309
Discharge Received: 			   Date: 990726   Chapter: 5-17      AR: 635-200
Reason: Attend School	   RE:     SPD: MCF   Unit/Location: HHT, 3-4 Cav Sqdn, Schofield Bks, HI 

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:  20
Current ENL Date: 960725    Current ENL Term: 3 Years  5 months
Current ENL Service: 	03 Yrs, 02Mos, 24Days ?????
Total Service:  		03 Yrs, 02Mos, 24Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10/Cavalry Scout   GT: 93   EDU: HS Grad   Overseas: Hawaii   Combat: None
Decorations/Awards: ARCOM, AGCM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Williston, OH
Post Service Accomplishments: On 17 May 1999, the applicant was commissioned in the Army National Guard as a 2LT.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 March 1999, the applicant requested early separation separation to attend the University of Toledo, he provided the appropriate acceptance documents, and the unit commander reviewed the DA Form 4187 submitted by the applicant and recommended approval, under the provisions of AR 635-200, paragraph 5-17.  The intermediate commander also recommended approval of the applicant’s request for early separation to attend shool.   
       
       On 24 March 1999, the separation authority approved the request for early separation to attend school and directed the applicant’s discharge with a characterization of service of fully honorable.  The applicant was transferred to the Individual Ready Reserve to complete his service obligation.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-17 provided at the time, that a Soldier may be separated early to attend school.  Soldiers may be discharged or released from active duty for the convenience of the Government, up to 90 days before ETS, in order to attend a specific term at college, university, vocational school, or technical school.  To qualify for early separation, eligible soldiers must not be mission essential to their assigned organizations, as determined by commanders concerned.  Clearly establish that the specific school term for which they seek early separation is academically the most opportune time for them to begin or resume their education and that delay of school enrollment until normal ETS would cause undue personal hardship.  The effective date of early separation under this paragraph normally will not be earlier than 10 days prior to the date classes convene, except when soldiers may be separated up to 30 days prior to the date classes convene if evidence is submitted that the 10-day period is clearly insufficient. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  
       
       The applicant contends that the narrative reason and the authority for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 5, paragraph 5-17, AR 635-200 with an honorable discharge.  The narrative reason specified by Army Regulation 635-200, in effect at the time, for a discharge under this paragraph is "to attend school", and the separation code is "MCF."  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.  
       
       In view of the foregoing, the analyst determined that the narrative 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: 13 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, VSO letter.

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 for 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: NA
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 AR20100011036
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