IN THE CASE OF:  	

      BOARD DATE:  	24 April 2013

      CASE NUMBER:  	AR20120022832
___________________________________________________________________________

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 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 his uncharacterized discharge to honorable. 

2.  The applicant states, in effect, that blocks 4a and b on his DD Form 214 should be changed from E-2 to E-4.  He states block 11 on his DD Form 214 reflects 0 years, 0 months and he completed 5 years, 6 months of service.  He never was in any kind of trouble and did not miss any drills.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 December 2012
b. Discharge received:			Uncharacterized
c. Date of Discharge:			16 September 1999
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, Chapter 4 						AR 635-200, MBK, NA
e. Unit of assignment:			C Co, 35th Engineer Bn, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:  	2 June 1999, IADT, for 16 weeks
g. Current Enlistment Service:  	3 months, 15 days
h. Total Service:			1 year, 2 months, 18 days
i. Time Lost:				None
j. Previous Discharges:		ARNG-(980619-990601)/NA									     (Concurrent Service)	
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	12B10, Combat Engineer
m. GT Score:				NIF
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:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army National Guard on 19 June 1998 and was ordered to active duty for initial active duty training (IADT) on 2 June 1999 for a period of 16 weeks.  He was 21 years old at the time of entry and was a high school graduate.  The applicant continued to serve in the ARNG until he was discharged on 18 June 2004, with a honorable discharge.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 12B10, Combat Engineer.

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 he 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 his service described as uncharacterized.  

3.  Following completion of the MOS training course, the applicant was released from active duty with an effective date of 16 September 1999, and transferred to B Co, 875th Engineer Battalion, Rector, AR, to continue his service in the Army National Guard.

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 149, dated 14 December 2012; NGB Form 22, dated         18 June 2004; Discharge Orders 224-152, dated 11 August 2004; Army National Guard Retirement Points History Statement, dated 22 April 2011; and a DD Form 214, dated            16 September 1999.

POST-SERVICE ACTIVITY: 

The applicant did not provide any. 

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 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 his discharge was carefully considered.  However, after examining the applicant’s record of service, the documents 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 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 ARNG Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training.  The applicant had completed 3 months and 15 days of continued active service at the time he was released from active duty; thus, he was in entry level status.    

4.  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.  A review of the applicant’s record does not indicate the presence of any unusual circumstances and his service did not warrant an honorable discharge.  

5.  The applicant contends that blocks 4a and b on his DD Form 214 should be changed from E-2 to E-4.  The evidence of record shows the Soldier held the rank of PV2/E-2, while he was on active duty for training during that period of service only.  

6.  The applicant further contends block 11 on his DD Form 214 reflects 0 years, 0 months in primary specialty and that he completed 5 years, 6 months of service.  However, block 11 only indicates the number, title, years and months the applicant had held a particular specialty and not the total service completed. 

7.  If the applicant still believes his contention have not been answered to his satisfaction and   requires further response, he 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. 

8.  The applicant also contends he never was in any trouble and did not miss any drills.
He is to be commended for his efforts while serving in the ARNG.  However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

9.  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:  24 April 2013	    Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: NA						

Witnesses/Observers: NA 

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:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change














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	UOTHC - Under Other Than                           			               Honorable Conditions





ADRB Case Report and Directive (cont)		AR20120022832



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1