IN THE CASE OF:  	

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20130002462
___________________________________________________________________________

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 APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his uncharacterized discharge to honorable. 

2.  The applicant states, in effect, that he is a technician with the Kentucky Army National Guard and is trying to buy back his active duty time.  He believes someone made a mistakenly issued his DD Form 214 with service described as uncharacterized.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		30 January 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			29 September 1999
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, Chapter 4 						AR 635-200, MBK, NA
e. Unit of assignment:			C Btry, 2d Bn, 80th FA Rgt, Fort Sill, OK
f. Current Enlistment Date/Term:  	24 May 1999, IADT, for 18 weeks
g. Current Enlistment Service:  	0 years, 4 months, 16 days
h. Total Service:			0 years, 4 months, 16 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (981214-031218), HD
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	13F10, Fire Support Specialist
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 National Guard on 14 December 1998 and was ordered to active duty for initial active duty training (IADT) on 24 May 1999 for a period of 18 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 and on 20 December 2003, he was appointed a commissioned officer.  He currently holds the rank of captain and has earned several awards including a BSM, two ARCOMs, and two AAMs.  He has also served in Iraq in support of Operation Iraqi Freedom.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 13F10, Fire Support Specialist.

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 29 September 1999, and transferred to HHB, 2d Battalion, 138th FA Regiment, Lexington, KY 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 293 and three DD Forms 214.

POST-SERVICE ACTIVITY: 

The applicant has achieved the rank of captain in the Kentucky Army National Guard where he continues to serve.    

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 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 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 trying to correct a mistake in order to buy back his active duty time.  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/ADT, entry-level status terminates 180 days after the beginning of training.  The applicant had completed 4 months and 6 days of continued active service at the time he was released from active duty; thus, he was in entry level status.    

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.  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 is commended for his successful accomplishments in the ARNG where he has achieved the rank of captain as reflected in his service record.  However, in review of the applicant’s 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: 10 April 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 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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130002462		

5



ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1