IN THE CASE OF:
BOARD DATE: 22 May 2013
CASE NUMBER: AR20130001556
___________________________________________________________________________
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 APPLICANTS REQUEST AND STATEMENT:
1. The applicant requests an upgrade of his uncharacterized discharge to honorable.
2. The applicant states, in effect, that the character of service, and pay grade are incorrect on his DD Form 214.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 15 January 2013
b. Discharge Received: Uncharacterized
c. Date of Discharge: 24 August 1999
d. Reason/Authority/SPD/RE Code: Completion of Required Active Service, AR 635-200 Chapter 4, MBK, NA
e. Unit of assignment: Company A, 187th Ordnance Battalion (TR TC), Fort Jackson, SC
f. Current Enlistment Date/Term: ADT, 31 May 1999, term is NIF
g. Current Enlistment Service: 2 months, 24 days
h. Total Service: 1 year, 8 months, 1 day
i. Time Lost: None
j. Previous Discharges: ARNG 971223 - 030815, HD (Concurrent and post service)
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 63B10, Light Wheeled 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: No
u. Prior Board Review: No
SUMMARY OF SERVICE:
The applicant enlisted in the Army National Guard on 23 December 1997 for a period of 8 years. He was ordered to initial active duty training from 31 May 1999 until 24 August 1999. He was 17 years old at the time of entry and a high school graduate. He completed 1 year, 8 months, and 1 day of total military service at the time he was released from active duty.
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 applicants 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 the completion of a MOS training course, the applicant was released from active duty training, with an effective date of 24 August 1999, and transferred to the AG State of SC, 1 National Guard Road, Columbia, SC 29201.
3. Orders 207-261, dated 26 July 1999 show the applicant was awarded PMOS 63B100000, effective upon successful completion of the 63B Course.
4. The applicants service record does not contain any evidence of unauthorized absences or time lost.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:
1. National Guard Medical Review Board Packet, dated 22 July 2003.
2. Report of Separation and Record of Service, NGB Form 22, dated 15 August 2003.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant provided a DD Form 149, Honorable Discharge Certificate from the ARNG, Army Achievement Medal Certificate, and two copies of a DD Form 214.
POST-SERVICE ACTIVITY:
1. None provided by the applicant.
2. A review of the applicants military records indicate that he continued to serve in the Army National Guard, obtained the rank of Specialist/E-4, earned an Army Achievement Medal, and was honorably discharged under the provisions of NGR 600-200, chapter 8-26(i), Medically Unfit for Retention, on 15 August 2003.
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 applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants 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. 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, entry-level status terminates 180 days after the beginning of training. The applicant had completed 2 months, and 24 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 his pay grade is incorrect on his DD Form 214. However, the applicants 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 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: 22 May 2013 Location: Washington, DC
Did the Applicant Testify? No
Counsel: None
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 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) AR20130001556
Page 5 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
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