IN THE CASE OF:  	

      BOARD DATE:  	17 July 2013

      CASE NUMBER:  	AR20130002733
___________________________________________________________________________

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 her uncharacterized discharge to honorable and a change to the narrative reason for discharge.

2.  The applicant states, in effect, she was unable to fulfill her military obligation due to childcare issues.  If she had not had substantial childcare issues, she would still be serving in the military.  Her children are now all adults, and one of her sons is in the Marine Corps.  She has an acceptance letter from NJDOC, and would like to pursue a career.  Changing her discharge from uncharacterized to honorable would help her with the journey.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 February 2013	
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			28 June 2002	
d. Reason/Authority/SPD/RE Code:	Completion of Required Active Service, AR 635-200 							Chapter 4, MBK, RE-NA	
e. Unit of assignment:			Company B, (TR TC), (W1D50), Fort Lee, VA			
f. Current Enlistment Date/Term:	30 May 2001, 7 years
g. Current Enlistment Service:	0 years, 4 months, 2 days
h. Total Service:			3 year, 7 months, 5 days
i. Time Lost:				None
j. Previous Discharges:		AFNG (980623-990301), NA
						ARNG (010530- 020226), NA (concurrent)
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				102
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
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 (ARNG) on 30 May 2001 for a period of 7 years.  She was 35 years old at the time of entry, a high school graduate, and completed a total of 3 years, 7 months, and 5 days of service.  She completed 4 months and 2 days of active duty service as a member of the ARNG.  She previously completed 8 months and 8 days of military service as an Air Force National Guard Member and was discharged for failing to attend IADT.  A close review of the applicant’s records shows the applicant attempted to reenlist in the ARNG on 17 June 2005, for a period of 4 years, and 20 weeks as an E-3.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  Her DD Form 214 indicates she 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., release from active duty training).  The applicant was released from active duty training, with an effective date of 28 June 2002 and transferred to the CDR 143rd ASG, Brainard Field, Hartford, CT  06114.

3.  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, DA Form 31, NGB Form 22-5-R-E, Basic Training Certificate, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant states she is in the process of being hired by the Department of Corrections. 

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 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.

5.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "MBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 4, Release From Active Duty Training.

6.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "MBK" will be assigned a RE Code of NA.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her 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 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 2 days of continued active service at the time she was released from active duty; thus, she 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 her service did not warrant an honorable discharge. 

5.  The applicant contends that while attending Advanced Individual Training, her sister who was guardian to her children became ill.  The applicant had to leave and did not complete AIT.  This confirms the command’s action to release the applicant from active duty training and return her to her ARNG unit in Hartford, CT.  The uncharacterized discharge was as a result of her entry level status in that she had not completed 181 days of continuous active service.  
6.  The applicant contends the narrative reason for the discharge should be changed because it will help her pursue her career.  However, the applicant was separated under the provisions of Chapter 4, AR 635-200 with an uncharacterized discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is “Completion of Required Active Service," and the separation code is "MBK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
 
7.  The applicant contends that an upgrade of her discharge will help her to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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

9.  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: 17 July 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)		AR20130002733



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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