Applicant Name:  ?????

Application Receipt Date: 2010/05/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the date in 12c does not match the dates in 12a and 12b.  Additionally, part 24 states that his characterization of discharge is uncharacterized, which is obviously unacceptable.  The total time served in part 12c, should actually be about 1 year, 8 months, and 3 days.  Part 24 should be corrected to state honorable or satisfactory discharge characterization.  He and fellow Soldiers with the same MOS submitted their DD-214s from OIF deployments in 2008-2009 and were both accepted for 100% post 9-11 GI Bill educational benefits.  He is currently only receiving 60% and his wife and he are picking up the dividends.  He owns a house, pays bills, and has a 9 month old daughter.  He is currently working part-time at the [ redacted ] VA Hospital as a nurse to pick up the slack.  Getting the maximum benefits he is entitled to would surely suffice.

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: NA
Discharge Received: 			   Date: 061003   Chapter: Self-Terminating Orders       AR: 635-200
Reason: Completion of Period of ADT	   RE:     SPD: NA   Unit/Location: W RED AMC STU CO HS, DC 

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: 050131    Current ENL Term: NIF Years  ?????
Current ENL Service: 	1 Yrs, 8 Mos, 2   Days Current DD Form 214 incorrectly states 1 YR, 1 MO, 5 DAYS.
Total Service:  		1 Yrs, 8 Mos, 2 Days ?????
Previous Discharges: 	USAR 041210 - 050130/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 91W10 Health Care Specialist   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Little Rock, Arkansas
Post Service Accomplishments: None








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the orders releasing him from active duty training.  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.  His DD Form 214 indicates he was released from active duty training through the provisions of self-terminating orders by reason of completion of active duty training, with service uncharacterized.  Such orders would typically have released the applicant under the provisions of AR 635-200, Chapter 4, paragraph 4-2i(1), by reason of completion of required active service for IADT, with service uncharacterized.
       
       The DD Form 214 shows a Separation Code of NA which is a minor administrative error; typically the Separation Code would be MBK (i.e., completion of required active service).  Following completion of the MOS training course, the applicant was released from active duty training, back to the USAR.

       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 issue and documents he submitted, the analyst recommends that relief be granted in this case.  
       
       The evidence of record shows that the applicant, was not in entry-level status and 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 and USAR Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training.  Furthermore, for Soldiers in entry-level status, a general, under honorable conditions discharge is not authorized. 
       
       Further, the applicant revealed a mathematical error in computing his active duty time served in block 12c, block 24, and block 26 of the DD Form 214 issued at the time of his release from IADT back to the USAR.  The analyst concluded that block 12c should be changed to reflect a net active service time of 1 year, 8 months, and 2 days; block 24 should reflect a character of service of honorable, and the separation code should reflect MBK.  The reentry code should remain NA, because the applicant was released immediately back to the USAR. However, this issue does not fall within the purview of this Board, if the applicant desires to pursue a correction, he should apply to the Army Board of Correction for Military records on the enclosed DD Form 149.
       
       In view of the aforementioned, the analyst determined the characterization of the applicant's service was improper as he was no longer in entry level status and had served for 1 year, 8 months, and 2 days of continuous active federal service.  The analyst recommends to the Board that the characterization of the applicant's service be upgraded to honorable.
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 February 2011         Location: Washington D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 with a self-authored statement and an attached DD Form 214.


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 applicant’s characterization of service is improper.  The evidence of record supports that he was released from active duty, under the provisions of Chapter 4, Army Regulation 635-200, after completion of his active duty for training.  The board noted that the applicant completed 1 year 8 months and 2 days of continuous active service and was no longer in entry level status.  
AR 635-200 stipulates Soldiers being separated upon expiration of enlistment or fulfillment of their service obligation will be awarded a character of service of honorable unless in entry level status.   In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable and a separation code of MBK.  The Board determined the reason to be proper and equitable and voted not to change it.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    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: Change SPD Code to MBK.										
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 AR20100015680
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