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. Soldiers 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 applicants 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 applicants 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the applicants 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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