Applicant Name:  

Application Receipt Date: 2011/08/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is asking for an upgrade to become eligilible to file a claim as a disabled veteran, and for compensation, and for employment purpose. 

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: 011030   Chapter:  NIF      AR: 135-178
Reason: Self-Terminating Orders	   RE:     SPD: MBK   Unit/Location: USAR Control Group, USAHRC, St Louis, MO 

Time Lost: NIF

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: IADT 010614    Current ENL Term: 8 Years  ?????
Current ENL Service: 	00 Yrs, 04 Mos, 17 Days (ADT)
Total Service:  		00 Yrs, 04 Mos, 12 Days (ADT)
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 88N(Traffic Mgmt Coord)   GT: NIF   EDU: 11 Years   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: On 27 January 2009, the applicant was discharged from the USAR with an honorable characterization of service.  He achieved the grade of E-4.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  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 the applicant was discharged for completion of required active service under AR 135-178, with an uncharacterized characterization of service.  Furthermore, the DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service) with a reentry eligibility (RE) code a "NA." 
        
       

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

       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 issue and documents he submitted, the analyst recommends that relief be denied in this case.  
       
       The evidence of record shows that the applicant, while in entry-level status, was released from active duty for completion of an initial entry training under the provisions of AR 135-178, 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 135-178 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.  
       
       In the applicant's case, he attended activing duty training from 14 June 2001 and was released on 30 October 2002, within the 180-day window period and less than 180-day period; therefore, his service is uncharacterized in the DD Form 214 with a separation date 011030, an appropriate certificate of service and discharge from the Army for that period.
       
       The applicant's record further shows an additional service.  However, if the applicant desires documented periods of service, the creation of discharge certificates is not within the purview of the Army Discharge Review Board.  A copy of the appropriate discharge certificate may be acquired by submission of a Standard Form 180 (obtained online or from a local military installation) to the applicable address:  Former active duty Army and Reserve Personnel:  National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO  63132.  Former National Guard personnel: contact the State National Guard Office for assistance.  The National Personnel Records Center will not recreate a lost, stolen, or misplaced certificate of discharge.  The Center will only create an initial certificate for personnel who have not previously received a certificate of discharge. 
       
       The analyst further noted the applicant's issues about his desire for better job opportunities, and VA benefits such as benefits of the GI Bill.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       In view of the aforementioned, the analyst determined the reason for discharge and characterization of service were both proper and equitable.
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 4 April 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Mr. Stephen Garrett, 10365 Old Placerville Road, Suite 100, Sacramento, CA 95827 

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 24 August 2011; Disabled American Veterans letter, dated 15 August 2011; and Discharge Orders, dated 27 January 2009.

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 discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder



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 AR20110017623
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