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ARMY | DRB | CY2010 | AR20100023411
Original file (AR20100023411.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2010/10/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was discharged from reserve unit with honorable status. my (sic) DD214 (sic) that I recently requested shows an "uncharacterized" status.  I am trying to use my Hazelwood Act rights and need this corrected in order to draw them."

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 971125   Chapter: 4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: C Co, WBAMC, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 960730/OAD    Current ENL Term: 00 Years  NIF
Current ENL Service: 	01  Yrs, 03 Mos, 26 Days ?????
Total Service:  		01  Yrs, 10 Mos, 02 Days ?????
Previous Discharges: 	USAR-960125-960729/NA
                                          (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B10 Medical Spec   GT: 123   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Farmers Branch, TX 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant's record is void of the order releasing him from active duty training.  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.  The DD Form 214 indicates that he was released from the Regular Army under the provisions of Chapter 4,  AR 635-200, by reason of completion of required active service, with an uncharacterized discharge.  Furthermore, the DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service).  
       
        

       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 issues submitted with the application, the analyst 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 01 year, 03 months and 26 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 characterization of service of honorable unless in entry level status.   In view of the aforementioned, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the 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: 15 June 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (100925).

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 01 year, 03 months and 26 days of continuous active service and was no longer in entry level status.  

In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable.  However, the Board determined that the 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 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None




































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 AR20100023411
______________________________________________________________________________

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