IN THE CASE OF:  	Ms 

      BOARD DATE:  	6 May 2013

      CASE NUMBER:  	AR20120020265
___________________________________________________________________________

Board Determination and Directed Action


After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined that the discharge is improper.  Army Regulation 635-200 stipulates that the service of a Soldier who has more than 180 days of continuous active duty at the time of the discharge will be characterized.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.






      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.


THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of her uncharacterized discharge to honorable. 

2.  The applicant states, in effect, the issue is the code used to characterize her discharge in box 24 on her DD Form 214.  The character of service is uncharacterized, which is incorrect.  The character of service should be honorable and as a result of this error, she has been battling underpayment of her GI bill benefits for three years and is owed more than $10,000 in back payments.  She has two DD Form 214s; one encompasses her time from initial entry, basic combat training through the completion of advanced individual training (AIT).  The net active service time for this period is 1 year and 7 months.  The dates of service were              21 August 2001 through 18 April 2003.  From the time she entered active duty until she graduated from AIT, as a Licensed Practical Nurse, she did not have a break in service time. This is the DD Form 214 that contains the incorrect character of service on line 24.  Her second DD Form 214 accounts for a TDY mission, the dates of service 21 January 2006 through 18 July 2006, totaling 5 months and 28 days.  There are no errors on this DD Form 214.  The character of service in box 24 on this DD Form 214 is listed as honorable.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 October 2012
b. Discharge received:			Uncharacterized
c. Date of Discharge:			18 April 2003
d. Reason/Authority/SPD/RE:		Release From Active Duty Training, Chapter 4, 						AR 635-200, MCD, NA
e. Unit of assignment:			Walter Reed AMC Student Company, WAMC							Washington, DC
f. Current Enlistment Date/Term:  	21 August 2001, OIADT, NIF
g. Current Enlistment Service:  	1 year, 7 months, 28 days
h. Total Service:			2 years, 1 month, 4 days
i. Time Lost:				None
j. Previous Discharges:		USAR-(010315-010820)/NA								                (Concurrent Service)
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	91W10 M6, Health Care Specialist
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the U.S Army Reserve on 15 March 2001 and was ordered to active duty for initial active duty training (IADT) on 21 August 2001, the period of service is not in the file.  She was 21 years old at the time of entry and a high school graduate.  The applicant continued to serve in the USAR and on 20 December 2003, she was ordered to active duty in support of Operation Enduring Freedom.  She earned several awards including a JSAM, AAM and an ARCAM.  She received an honorable discharge for this period of service. She also attained the rank of SGT/E-5.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 91W10, Health Care Specialist.

2.  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.  The DD Form 214 indicates she was released from initial active duty training under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with her service described as uncharacterized.  

3.  Following completion of the MOS training course, the applicant was released from active duty with an effective date of 18 April 2003, and transferred to 352d Combat Hospital, Oakland, CA, to continue her service in the U.S. Army Reserve.

4.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are no counseling statements or UCMJ actions in the record.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided an online application, dated 12 October 2012; two (2) Letters, National Personnel Records Center (NPRC), dated 12 July 2010, 27 October 2011;  and two (2) DD Forms 214, dated 18 July 2006, 18 April 2003.

POST-SERVICE ACTIVITY: 

The applicant achieved the rank of Sergeant in the U.S. Army Reserve and was honorably discharged on 14 March 2009.    




REGULATORY AUTHORITY  

1.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the separation of individuals upon completion of required service (i.e., expiration term of service).  

2.  The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-200 will be honorable unless the Soldier is in entry-level status.  

3.  The service of Soldiers in 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 release from active duty.  

4.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  After a careful review of all the applicant’s available military records, the issue and documents she submitted, the applicant's characterization of service is improper.  

2.  The service record confirms the applicant completed basic combat training and advanced individual training as a Health Care Specialist and was assigned to a permanent USAR Ready unit.  Army Regulation 635-200 stipulates that the service of a Soldier who has more than 180 days of continuous active duty at the time of the discharge from active duty will be characterized.  

3.  In view of the aforementioned, the applicant’s characterization of service is improper; thus, recommend the Board grant relief in the form of an upgrade of the applicant's characterization of service to honorable.  However, the reason for discharge was found to be both proper and equitable












SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review    Date:  6 May 2013     Location: Washington, DC

Did the Applicant Testify:  No 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character  5	Change:  	No Change:  0
Reason     0	Change:  	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			No Change
Change RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	NA
Other					NA




















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than                           			               


ADRB Case Report and Directive (cont)		AR20120020265



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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