IN THE CASE OF:  	

      BOARD DATE:  	5 June 2013

      CASE NUMBER:  	AR20130000503
___________________________________________________________________________

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, he became aware of his uncharacterized separation when his claim with the VA for education benefits was denied a 10% increase due to the character of service on his IADT DD Form 214.  He believes the characterization is a mistake due to his successful completion of basic training and advanced individual training in 2004 without any disciplinary actions for conduct or unsatisfactory performance.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:  		8 January 2013			
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			3 June 2004	
d. Reason/Authority/SPD/RE Code:	Completion of Required Active Service, AR 635-200							MBK, NA	
e. Unit of assignment:			Company A, 187th OD Bn, Fort Jackson, SC 		
f. Current Enlistment Date/Term:	IADT, 7 January 2004, NIF
g. Current Enlistment Service:	0 years, 4 months, 27 days
h. Total Service:			0 years, 11 months, 21 days
i. Time Lost:				None
j. Previous Discharges:		USAR 030812-Present, NA 	
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	63B10, Light Wheel Vehicle Mechanic
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:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army Reserve on 12 August 2003 for a period of 8 years.  He entered onto active duty for Initial Active Duty Training (IADT) on 7 January 2004; he was 19 years old at the time of entry and a high school graduate.  He completed 4 months, and 27 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  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.  

2.  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 June 2004, and transferred to the 13th Psychological Operations Battalion, Arden Hills, MN.

3.  The applicant provided Orders 091-462, dated 31 March 2004, which indicate he was awarded the primary military occupation skill (PMOS) 63B10, upon the completion of the course. 

4.  The applicant’s service 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, Certificate of Training from Basic Combat Training, Certificate for completing Wheel Vehicle Mechanic School, orders 101-0088, orders 091-462, two copies of a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant has continued to serve honorably in the USAR, obtained the rank of SSG/E-6, deployed to Afghanistan (070121-080116) and (100601-110407), earned a BSM, and an AGCM. 

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 RECOMMENDATION:

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 issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The evidence of 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 his service was honorable and he is serving in the USAR.  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 ARNG and USAR Soldiers ordered to IADT, entry-level status terminates 180 days after the beginning of training.  The applicant had completed 4 months and 27 days of continuous active service at the time he was released from active duty; thus, he 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 service record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

5.  The applicant further contends he was denied a 10% increase in VA benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  The records show the proper discharge and separation authority procedures were followed in this case. 

7.  Therefore, the reason for discharge and 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:      5 June 2013	Location: Washington, DC

Did the Applicant Testify?  No 

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 Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130000503



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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