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ARMY | DRB | CY2012 | AR20120000793
Original file (AR20120000793.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2012/01/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like an upgrade of his discharge to honorable because he completed school/AIT and passed all requirements.  

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: 061103   Chapter: 4      AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: MBK   Unit/Location: A Co, 1/13th Avn, Fort Rucker, AL 

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:  34
Current ENL Date: 060907/ADT    Current ENL Term: NIF Years  ?????
Current ENL Service: 	00 Yrs, 01  Mos, 27  Days ?????
Total Service:  		17 Yrs, 03  Mos, 24  Days Total Service is based on information taken from documents found in the OMPF (i.e., prior enlistment contract, DD Form 214's and NGB Form 22).  
Previous Discharges: 	USCGR-890509-900805/NA
                                       USCG-900805-901005/HD
                                       USCGR-901006-920328/NA
                                       ARNG-920329-980104/HD
                                       RA-980105-000131/HD
                                       RA-000201-030416/HD
                                       RA-030417-051031/HD
                                       ARNG-051101-060906/NA
                                          (Concurrent Service)
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 15P10/Aviation Ops Sp   GT: 119   EDU: 14 Yrs   Overseas: Panama, Southwest Asia (Prior Periods of Service)    Combat: Iraq/Kuwait (040618-050620)
Decorations/Awards: ARCOM-2, AAM-2, AGCM-2, ARCAM, NDSM,-2, ICM, GWOTSM, NCOPDR, ASR, OSR-2, CIB, EIB 







V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: ARNG-060406-110613/HD, attained the rank of SSG/E6.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 November 2006, the applicant was released from active duty after completing his required active duty 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 3 November 2006 and transferred to HHC (-) 27th Inf Bde, 6900 Thompson Road, Syracuse, NY.

       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 military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst determined that the characterization of service is improper.  Army regulations stipulate that the service of any individual who has more than 180 days of continuous active duty at the time of his or her discharge from active duty will be characterized.
       
       Further evidence of record shows the applicant completed basic combat training and advanced individual training as a aviation operation specialist and was assigned to a permanent Army National Guard unit.  The analyst noted that when the applicant was discharged, he had completed a total of 17 years, 3 months, and 24 days of reserve and active federal service without a break.
       
       Army Regulation 635-200, paragraph 3-8c, states, in effect, in the case of an ARNGUS or USAR Soldier on AD or ADT who is to be discharged, the character of the period of service from which he is discharged will be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT.  
       
       The evidence of record supports the fact that the applicant was discharged after the completion of a required period of active service.  Further, Army Regulation 635-200, states, in effect, that only an honorable characterization of service may be awarded a Soldier upon completion of his required active service.  
       
       
       
       
       
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable. 

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: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Certificate from the United States Army Aviation Center, for the completion of the Aviation Operations Specialist Course, Orders, dated 28 October 2006 for award of 15P and the Aviation Badge, 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 characterization of service is improper.  The evidence of record supports the fact that the applicant was discharged after the completion of a required period of service.  Further, Army Regulation 635-200, states, in effect, that only an honorable characterization of service may be awarded a Soldier upon completion of his period of service unless the Soldier is in an entry-level status.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  






























        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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:




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 AR20120000793
______________________________________________________________________________


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