IN THE CASE OF:  	Ms. 

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20120020282
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the enclosed Discussion and Recommendation that follows, the Board determined the discharge was both proper and equitable and voted to deny relief.





      
      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 discharge from uncharacterized to fully honorable.

2.  The applicant states, in effect, that upon completion of her Initial Entry Training, she was provided a copy of her Military Occupational Specialty (MOS) orders awarding her an MOS of 42A along with a certificate for honor graduate.  She believes that completion of her training as per the requirement of her contract justifies an honorable characterization of service as opposed to an uncharacterized.  She would like to have the verbiage in block 18 on her DD Form 214 reflect; the member has completed first full term of service. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		31 October 2012
b. Discharge received:			Uncharacterized
c. Date of Discharge:			5 October 2007
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, Chapter 4, 						AR 635-200, MBK, NA
e. Unit of assignment:			D Co, 369th AG Bn, SSI, TR TC, Fort Jackson, SC
f. Current Enlistment Date/Term:  	IADT/22 May 2007
g. Current Enlistment Service:  	0 years, 4 months, 14 days
h. Total Service:			0 years, 5 months, 3 days
i. Time Lost:				None
j. Previous Discharges:		USAR (050503-070521/NA)
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	42A10, Human Resource 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 US Army Reserve on 3 May 2007 for a period of 8 years.  She was 23 years old at the time of entry and was a high school graduate.  She was ordered to initial active duty for training and after completing her Military Occupational Specialty (MOS) training she returned to the USAR where she continues to serve to this date and has achieved the rank of SGT/E-5.  Her current record shows she received the NDSM and the ASR, during the period of service under review. She has a remaining reserve obligation date that terminates on 2 May 2015.  


SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 19 September 2007, the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 42A10, Human Resource 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.  Her 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 5 October 2007 and transferred back to the US Army Reserve at 3220 USAG SPT, 3181 Gun Club Road, West Palm Beach, FL.

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 a DD Form 293 and an MOS Award Order, Certificate of Honor Graduate, Certificate of Completion of Basic Combat Training.

POST-SERVICE ACTIVITY: 

The applicant has achieved the rank of SGT/E-5 in the USAR and continues to serve to this day.  

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 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.  However, after examining the applicant’s record of service, the document and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.

2.  The record shows 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 character of service described as uncharacterized.  

3.  The applicant contends her that completion of her training as per the requirement of her contract justifies an honorable characterization of service as opposed to an uncharacterized. However, the characterization of service for Soldiers separated under this provision of the regulation is normally 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 USAR Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training.  The applicant had completed 4 months and 14 days of continued active service at the time she was released from active duty; thus, she was in entry level status at the time.  

4.  A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge.  

5.  The applicant further contends that the verbiage in block 18 on her DD Form 214 reflects; the member has completed first full term of service.  The applicant’s requested change to the DD Form 214 does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization.

6.  The applicant's is commended for her successful accomplishments in the USAR where she has achieved the rank of Sergeant as reflected in her service record.  However, in review of the applicant’s entire service record for the period under review, it was determined that these accomplishments did not overcome the reason for discharge and the characterization of service granted. 

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review    Date: 10 April 2013    Location: Washington, DC

Counsel: None


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

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:		No Change
Change RE Code to:	N/A
Grade Restoration to:	N/A
Change Authority for Separation:	N/A
Other:	N/A





















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                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20120020282		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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