IN THE CASE OF:  	

      BOARD DATE:  	3 July 2013

      CASE NUMBER:  	AR20130002449
___________________________________________________________________________

Board Determination and Directed Action

1.  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 characterization of discharge to be both proper and equitable.  
      
2.  However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries.  

3.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as required by pertinent regulation:
      
	a. change block 25, separation authority to AR 635-200, chapter 4
	b. change block 26, separation code to MBK
	c. change block 28, narrative reason for separation to Completion of Required Active 	Service
	d. change RE-Code to 1




      
      
      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 that the narrative reason for his separation be changed. 

2.  The applicant states, in effect, that he would like to re-enter a reserve or National Guard component and finish his military career.  He was in the process of transitioning out of the military when he was issued permanent change of station (PCS) orders to Fort Bliss with a report date six months before his estimated time of separation (ETS).  He had hoped to remain where he was, transition out of the military, finish his degree and return to a reserve or National Guard unit where he was.   He requested to be removed from the orders, instead of going to Fort Bliss and ETS six months later.  He was told in order to be removed from the orders he would have to sign a declination of continued served (DCSS).  He signed the DCSS with the understanding that he would be eligible to join a reserve or National Guard component after completing his degree.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 February 2013			
b. Discharge Received:		Honorable
c. Date of Discharge:			17 December 2006	
d. Reason/Authority/SPD/RE Code:	Non-Retention on Active Duty, AR 635-200     								Chapter 19-12, JGH, RE-3	
e. Unit of assignment:			Company A, Hospital Support, Walter Reed Army 						Medical Center, Washington, DC			
f. Current Enlistment Date/Term:	18 December 2003, 3 years
g. Current Enlistment Service:	3 years
h. Total Service:			10 years, 10 months, 22 days
i. Time Lost:				None
j. Previous Discharges:		RA 960126-990225, HD
						RA 990226-031217, HD  
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	14S10, Avenger Crewmember
m. GT Score:				110
n. Education:				HS Graduate
o. Overseas Service:			Saint Kitts And Nevis
p. Combat Service:			None
q. Decorations/Awards:		ARCOM, AAM-3, AGCM-3, NDSM, GWOTSM 							NPDR, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 26 January 1996, and he reenlisted on                  18 December 2003, for a period of 3 years.  He was 26 years old at the time of entry and a high school graduate.  He served in Saint Kitts And Nevis.  He earned an ARCOM, three AAM’s, and three ARGCM’s, and completed a total of 10 years, 10 months and 22 days of honorable service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, 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.  

2.  The applicant provided a DA Form 4991-R (Declination of Continued Service Statement) that shows on 22 November 2005, the applicant declined PCS orders to Fort Bliss, Texas.

3.  The DD Form 214 indicates that on 17 December 2006, the applicant was discharged under the provisions of Chapter 19-12, AR 635-200, for non-retention on active duty, with a characterization of service of honorable.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JGH and a reentry (RE) code of 3.  
 
4.  The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.
  
5.  On 18 September 2006, HQDA, Walter Reed army Medical Center, Washington, DC, Orders Number 261-0001, discharged the applicant from the Army effective 17 December 2006.
     
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Eight NCOER’s that show the applicant was an above average Soldier and received ratings of among the best.  The final NCOER covering the period of 19 April 2006 to 6 November 2006, shows the applicant was rated as among the best and received 1/1 from the senior rater.

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided a DD Form 293, orders 261-0001, DA Form 4991-R, enlistment contract, NCOER, and a DD Form 214

POST-SERVICE ACTIVITY: 

The applicant states he would like to reenlist in the reserves or National Guard. 


REGULATORY AUTHORITY:

1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 19 establishes policy and prescribes procedures for separating members due to QMP selection for denial of continued service.  Unless ineligible to extend for a reason other than QMP selection (for example local bar to re-enlistment or approved separation under another chapter of this regulation), Soldiers with less than 120 days to ETS at the time of notification of QMP selection may have their enlistments extended a sufficient amount of time to permit processing an appeal.  Unless another basis of separation exists, and except as provided in paragraph 19–15, Soldiers with less than 120 days to ETS at the time of decision not to appeal, or denial of appeal, will not be discharged prior to ETS. Soldiers in this category will be discharged at ETS under the provisions of chapter 4.

2. Army Regulation 635-200, chapter 16-4 set forth the basic authority for separation of enlisted personnel due to non-retention on active duty.  Declination of continued service; RA Soldiers serving on a second or subsequent enlistment who refuse to take action to meet military service remaining requirements by signing DA Form 4991–R pursuant to AR 601–280 may request voluntary separation.  Separation under this paragraph will occur no later than 90 days after the Soldier receives pre-separation counseling as required by law (see 10 USC 1142), which must be scheduled as soon as separation is approved.  Any existing service obligation that cannot be fulfilled by the separation date will be waived, and overseas tours will be curtailed to the extent necessary to permit separation.

3.  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).  

4.  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.  

5.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason of his discharge was carefully considered.  After examining the applicant’s record of service, his available military records, the documents and the issues submitted with the application.  There is sufficient evidence that indicates someone in the discharge process erroneously entered the reason for separation as non-retention on active duty, authority as AR 635-200, paragraph 19-12, and SPD code of JGH, as supported by the DA Form 4991-R (Declination of Continued Service Statement) provided by the applicant, and the applicant’s overall record.

2.  At the time of separation the applicant was ineligible for discharge under the QMP process, per MILPER Message Number 12-198.  The applicant was below the rank and grade of E-7.

3.  The applicant signed a DA Form 4991-R on 22 November 2005 and was allowed to complete his enlistment and ETS on 17 December 2006.  Pertinent regulations stipulate that for the discharge to be classified as non-retention the service member must be scheduled for pre-separation counseling and discharged within 90 days.  The applicant was allowed to ETS and subsequently discharged a year later.  Additionally, the applicant was appropriately counseled that he may be eligible to join a reserve component and that he was prohibited to apply for reentry into the Active Army for a period of at least 93 days if separated at normal ETS, and at least 2 years if voluntarily separated before his ETS under paragraph 16-5, AR 635-200.

4.  Therefore, the characterization of service being both, proper and equitable, recommend the Board make the following changes as required by pertinent regulation:  
      
      a. change block 25, separation authority to AR 635-200, chapter 4
      b. change block 26, separation code to MBK
      c. change block 28, narrative reason for separation to Completion of Required Active 	Service
      d. change RE-Code to 1
      
5.  The record confirms that the applicant’s entire service was honorable; a credit to the Army, and his discharge was voluntary.  

6.  Therefore, the narrative reason for discharge being administratively incorrect, recommend the Board grant relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review		Date:  3 July 2013            Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None



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

Board Action Directed:
Issue a new DD Form 214:			Yes
Change Characterization to:		No Change
Change Reason to:				Completion of Required Active Service
Change Authority for Separation:		AR 635-200, Chapter 4
Change RE Code to:			RE-Code 1
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)		AR20130002449



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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