IN THE CASE OF:
BOARD DATE: 1 APRIL 2013
CASE NUMBER: AR20120020575
___________________________________________________________________________
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 APPLICANTS REQUEST AND STATEMENT:
1. The applicant requests an upgrade of her discharge from uncharacterized to fully honorable.
2. The applicant states, in effect, that her service was honorable and feels the discharge she received is normally given to Soldiers being separated for unsatisfactory performance or misconduct but this is not her case. She successfully completed her initial active duty training and has continued to serve in the US Army Reserved for the last 14 years and achieved the rank of SFC/E-7.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 5 November 2012
b. Discharge received: Uncharacterized
c. Date of Discharge: 7 November 1998
d. Reason/Authority/SPD/RE: Completion of Required Active Service, Chapter 4 AR 635-200, MBK, NA
e. Unit of assignment: B Co, 269th AG Bn, Fort Jackson, SC
f. Current Enlistment Date/Term: 14 July 1998, NIF
g. Current Enlistment Service: 0 years, 3 months, 24 days
h. Total Service: 0 years, 9 months, 12 days
i. Time Lost: None
j. Previous Discharges: USAR (980126-Present)
k. Highest Grade Achieved: E-1
l. Military Occupational Specialty: 71L10, Administrative Specialist
m. GT Score: 112
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: 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 26 January 1998 for a period of 8 years. She was 18 years old at the time of entry and was a high school graduate. She was ordered to active duty for training and after completing her MOS training she returned to the USAR where she continues to serve to this date and has achieved the rank of SFC/E-7. In March of 2008, she was activated in support of Operation Enduring Freedom and received an honorable characterization for her service. Her current record shows she received an MSM, 3 ARCOMs, and 3 AAMs and has been continuously serving for almost 14 years.
SEPARATION FACTS AND CIRCUMSTANCES
1. The evidence of record shows that on 16 October 1998, the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 71L10, Administrative Specialist.
2. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants 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 7 November 1998 and transferred back to the US Army Reserve at 6th Brigade, Waukegan, WI.
4. The applicants 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.
POST-SERVICE ACTIVITY:
The applicant has achieved the rank of SFC in the USAR and continues to serve to this day. She was activated in support of Operation Enduring Freedom (080304-120302) and received an honorable discharge.
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 applicants request for an upgrade of the characterization of her discharge was carefully considered. However, after examining the applicants 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 service was honorable and she has continued to serve in the USAR for the last 14 years. 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 Soldiers 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. The applicant had completed 3 months and 24 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 applicants record and her service did not warrant an honorable discharge.
5. The applicant's is commended for her successful accomplishments in the USAR where she has achieved the rank of Sergeant First Class as reflected in her service record. However, in review of the applicants 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.
6. 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: 1 April 2013 Location: Washington, DC
Did the Applicant Testify? No
Counsel: N/A
Witnesses/Observers: N/A
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: N/A
Change Reason to: N/A
Change RE Code to: N/A
Grade Restoration to: N/A
Change Authority for Separation: 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 20120020575
5
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