Applicant Name: ?????
Application Receipt Date: 2010/04/14 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states: " Record was not accuratly entered when it was generated. Individual failed in inserting proper paragraph authority, instead entering following reference number. I entrusted the administrative authority figure for their expertise, and was wronged. Separation Authority Block # 25 contents erroneous, listed as AR 635-200 PARA 5-17, or separation due to other designated physical or mental conditions. Legitimate listing should reflect AR 635-200 PARA 5-16, or early separation to further education. Contents PARA 5-16 supported by listed Block # 26 (Separation code) MCF (To attend educational facility) and Block # 28 (Narrative Reason For Separation) listed as (Attend School). To note, Block # 27 (Reentry Code) is adversely affected by erroneous content listed as (3). All cited text listed on DD Form 214 on file number 453-93-8181. Requesting new DD Form 214 displaying corrected separation authority AR 635-200 PARA 5-16 early separation to further education in addition to; corrective action on all adversely affected information."
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: 980731 Chapter: 5-17 AR: 635-200
Reason: Attend School RE: SPD: MCF Unit/Location: HHC, V Corps, Heidelberg, GE
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: 21
Current ENL Date: 960916 Current ENL Term: 4 Years ?????
Current ENL Service: 03 Yrs, 10Mos, 15Days ?????
Total Service: 03 Yrs, 10Mos, 15Days ?????
Previous Discharges: None
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 71L10/Administrative Specialist GT: NIF EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: ARCOM, AGCM, NDSM, AFSM, NATO MEDAL, ASR, OSR
V. Post-Discharge Activity
City, State: Spring, TX
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
All of the specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. 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.
His DD Form 214 indicates he was separated early under the provisions of Chapter 5, paragraph 5-17, AR 635-200, to attend school, with an honorable discharge. Furthermore, the DD Form 214 shows a Separation Code of MCF (i.e., to attend school), with a reentry eligibility (RE) code of 3. On 2 July 1998, Orders 183-01, DA, HQ, US Army Europe, discharged the applicant from the Regular Army, effective date: 31 July 1998, and reassigned him to the United States Army Reserve Control Group for completion of his statutory 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 applicants 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: 21 January 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Forms 293 and 214.
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 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 NA No change NA
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 AR20100012965
______________________________________________________________________________
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