Search Decisions

Decision Text

ARMY | DRB | CY2011 | ar20110022466
Original file (ar20110022466.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2011/11/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his DD Form 214 should read "Honorable" discharge.  He sees no reason for his character of service in basic training should be uncharacterized.

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: 030509   Chapter: 4       AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: Co E, 795th MP Bn TR TC, Fort Leonard Wood, MO 

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:  19
Current ENL Date: 030105    Current ENL Term: 8 Years  ?????
Current ENL Service: 	00 Yrs, 04 Mos, 05 Days ?????
Total Service:  		00 Yrs, 04 Mos, 05 Days ?????
Previous Discharges: 	ARNG/020315-030104/NA
                                        (Concurrent Service)
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 116   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 October 2002, Department of Defense, Military Entrance Processing Station, Milwaukee, Misconsin, issued Orders 199-006, ordering the applicant to initial active duty for trainign (IADT) under 10 USC 672(d), for the purpose of basic training and MOS training (95B/now 31B) for approximately 17 weeks or until completion of MOS 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 under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with service uncharacterized.  
       
       Furthermore, the DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service).  Following completion of MOS training course, the applicant was released from active duty training, with an effective date of 9 May 2003, and transferred to The Adjutant General, Lansing, 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 set forth the basic authority for separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the separation of individuals at completion of required service (i.e., expiration term of service).  The characterization of service for Soldiers separated under the provisions of Chapter 4; AR 635-200 will be honorable unless the Soldier is in an entry-level status.  The service of Soldiers in an entry-level status will be uncharacterized.  A Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty at the time of the discharge or relief from active duty.  In the case of an ARNGUS or USAR Soldier on active duty (AD) or active duty training (ADT) who is to be discharged, the character of the period of service from which he/she is being discharged will be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT.

       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 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.  
       
       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: 13 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149; copy of DD Form 214; and Honorable Discharge Certificate from ARNG

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: ?????

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20110022466
______________________________________________________________________________


Page 3 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060011718

    Original file (AR20060011718.txt) Auto-classification: Denied

    The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status. 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2008 | AR20080011495

    Original file (AR20080011495.txt) Auto-classification: Denied

    Discharge Under Review Unit CDR Recommended Discharge: Date: Not In File Discharge Received: Date: 941213 Chapter: 4 AR: 635-200 Reason: Completion of Required Active Duty Training RE: SPD: MBK Unit/Location: E Trp, 153d Cavalry, Ocala, FL Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. The evidence of record shows that the applicant, while in entry-level status, was released from active...

  • ARMY | DRB | CY2012 | AR20120009335

    Original file (AR20120009335.txt) Auto-classification: Denied

    Following completion of MOS training course, the applicant was released from active duty training, with an effective date of 17 May 1997. b. In the case of an ARNGUS or USAR Soldier on active duty (AD) or active duty training (ADT) who is to be discharged, the character of the period of service from which he/she is being discharged will be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT. A Soldier is in...

  • ARMY | DRB | CY2010 | AR20100014146

    Original file (AR20100014146.txt) Auto-classification: Denied

    Applicant Name: ????? A Soldier is in entry-level status for the first 180 days of continuous active duty. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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...

  • ARMY | DRB | CY2006 | AR20060013036

    Original file (AR20060013036.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 5 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD -...

  • ARMY | DRB | CY2008 | AR20080003735

    Original file (AR20080003735.txt) Auto-classification: Denied

    Applicant Name: ????? The evidence of record shows that the applicant, while in entry-level status, 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. 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: NA ARMY DISCHARGE REVIEW...

  • ARMY | DRB | CY2009 | AR20090011698

    Original file (AR20090011698.txt) Auto-classification: Denied

    Her DD Form 214 indicates that she was released from active duty training under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with service uncharacterized. 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...

  • ARMY | DRB | CY2008 | AR20080015408

    Original file (AR20080015408.txt) Auto-classification: Denied

    The evidence of record shows that the applicant, while in entry-level status, 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. Board Action Directed President, Army Discharge Review Board Issue a new DD...

  • ARMY | DRB | CY2010 | AR20100015680

    Original file (AR20100015680.txt) Auto-classification: Denied

    Following completion of the MOS training course, the applicant was released from active duty training, back to the USAR. 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. 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.

  • ARMY | DRB | CY2009 | AR20090009407

    Original file (AR20090009407.txt) Auto-classification: Denied

    His DD Form 214 indicates that he was released from active duty training under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with service uncharacterized. The evidence of record shows that the applicant, while in entry-level status, 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. Board Action Directed President, Army...