Applicant Name:  ?????

Application Receipt Date: 2010/08/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My DD 214 states, in box 18, "Member has not completed first full term of enlistment" and separation code of “KGH” in box 26. My original contract of enlistment was 3 yrs (5 March 1992 to 4 March 1995 – see circled on pg 6 reenlistment document DA form 3340-R). I reenlisted on 10 August 1994 for MOS 11B school while serving in Korea. Upon completion of infantry school, I was stationed to Ft Campbell, Kentucky, in 1995 assigned to 2/502 Infantry. During my service time stationed at Ft Campbell, I received an article 15, dated 4 February 1996 (1 yr past my first enlistment ETS), for failing to perform a PMCS on a vehicle resulting in a low oil level. This was my first and only disciplinary action since my original enlistment date of 5 March 1992. I was disappointed I received the Article 15 and was approached by the reenlistment NCO regarding a Bar to Reenlistment (DA Form 4126-R) because I was disappointed. After several times of stating not interested, he approached me stating he was aware I had mentioned wanting to go to school and further advised that by signing the bar to reenlistment would enable me an early out so that I could proceed with college. I agreed to discuss the possibility about an early out for education and, regrettably, I agreed to sign the bar. 

Recently, looking over documentation, I discovered incorrect information regarding my discharge separation code. My DD 214 reflects a Re 3 code which is correct in what I was advised; however, the separation code I recently discovered is incorrect. The day I was counseled and signed the bar to reenlistment I was advised my Re code would be Re 3 (for signing the bar) and my separation code would be “MBK” for completing my initial enlistment since I was on my second enlistment and volunteering for early out for college. When reviewing the Bar document, I asked regarding why the Article 15 was listed and was advised they had to list “something”. This should have been a red flag for me, but being naïve of the situation, I agreed and signed the document. Again, my understanding was signing the bar was not related to the Article 15, but as an early out to pursue my education as discussed.

Reviewing this information recently, I discovered the incorrect information on my DD 214. At the time of counseling/discharge, I feel I was not given accurate information as to what was being done regarding my discharge meaning I was advised verbally one thing was being documented and the actual was not disclosed. Regarding the previous described discrepancies above, I am submitting my request to make the necessary corrections to section 18 of my DD 214 to reflect “completion of first enlistment” and my separation code to reflect “MBK” as initially advised in counseling the day of signing the Bar to Reenlistment. I have included documentation of my findings, as well as, documentation reflecting my positive attitude as a Soldier during my time of service, for review in consideration of my request for correction of discharge (DD 214, Reenlistment Document, DA Form 4126-R, C, AAM documentation, Certificate of Achievement, Associates degree and BA degree certificates as proof of education)."

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: 960410   Chapter: 16-5b       AR: 635-200
Reason: Non-Retention on Active Duty	   RE:     SPD: KGH   Unit/Location: HHC, 2/502d Inf Bn, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 960204, Derelict in the performance of his duties, reduction to E3; forfeiture of $285.00; extra duty for 14 days; and restriction for 14 days, (CG).


Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 940810    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 08 Mos, 01 Days ?????
Total Service:  		07 Yrs, 03 Mos, 12 Days Total Service is based on information taken for the available DD Form 214 block 12, Record of Service.
Previous Discharges: 	RA-920305-940809/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 82C10 Field Arty Surveyor   GT: 105   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Murfreesboro, TN
Post Service Accomplishments: Associates degree and BA degree certificates as proof of education)

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       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 that he was discharged under the provisions of Chapter 16, paragraph 16-5(b), AR 635-200, by reason of non-retention on active duty, with a characterization of service of fully honorable.  Furthermore, the DD Form 214 shows a Separation Code of KGH (i.e., non-retention on active duty).

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that Soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable. 

       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 found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s 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. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  
       
       The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 16, paragraph 16-5(b), AR 635-200, by reason of non-retention on active duty, with a characterization of service of fully honorable.  
       
       
       
       The applicant contends that he was advised his reentry eligibility (RE) code would be a 3 and his separation code would be MBK at the time he signed his bar to reenlistment, however, the narrative reason specified by Army Regulations for a discharge under this paragraph is "non-retention-on active duty", and the separation code is "KGH."  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.  
       
       Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  The application to appear before this Board must be received prior to the 15th year anniversary of the applicant’s discharge.
       
       Further, the analyst noted the applicant's issue about block 18 of his DD Form 214; however, the correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, self-authored letter, Honorable Discharge Certificate, Enlistment Contract, Request for Extension, Bar to Reenlistment Certificate, Record of Proceedings Under Article 15, UCMJ, Certificate of Achievement Certificate (2), DD Form 638-1, Associate of Science and Bachelor of Science Certificates, and DD Form 214 for the period of service under review.

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 discharge was both proper and equitable and voted not to change it. 








        
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: 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 AR20100020273
______________________________________________________________________________


Page 1 of 4 pages