IN THE CASE OF:  	Ms. 

      BOARD DATE:  	26 June 2013

      CASE NUMBER:  	AR20130003360
___________________________________________________________________________

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 that her uncharacterized discharge be upgraded to honorable.

2.  The applicant states, in effect, that she was denied Post 911 GI Bill benefits because her characterization of service was other than Honorable.  She contends she complete the required IADT and returned to her USAR unit.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		11 February 2013
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			5 November 2002
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, AR 635-200, 						Chapter 4, MBK, NA
e. Unit of assignment:			E Co, 71st TC, Fort Eustis, VA
f. Current Enlistment Date/Term:	13 September 2002, NIF
g. Current Enlistment Service:	1 month, 23 days
h. Total Service:			9 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		USAR-020110-020606/NA										IADT-020607-020816/NA										USAR-020817-020912/NA										    (Concurrent Service)
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	88N10, Traffic Management Coordinator
m. GT Score:				NIF
n. Education:				NIF
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 United States Army Reserve (USAR) on 10 January 2002.  She was ordered to active duty for initial active duty training (IADT) on 7 June 2002 for a period of        11 weeks under the alternate (split) training program.  She attended advance individual training (AIT) on 13 September 2002.  She was 18 years old at the time of entry.  She had complete 9 months and 26 days of total service at the time of discharge.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 88N10, Traffic Management Coordinator.

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 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 her service described as uncharacterized.  

3.  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 5 November 2002, and transferred to the 450th Trans Detachment, 2101 Woolworth Ave, Omaha, NE 68108.

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 copy of her active duty report for the period (020607-020816), certificate for completion of the Basic Combat Training Course and the Traffic Management Coordinator Course, a Superior Performance Certificate, a copy of a service school academic evaluation report for completion of the TC-AIMS11 Functional User Course, during the period (040712-040723), and a copy of the DD Form 214 for the period under review.

POST-SERVICE ACTIVITY: 

The applicant has achieved the rank of first lieutenant in the USAR where she 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 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.

5.  For USAR Soldiers, entry-level status begins upon enlistment in the USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.

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 applicant contends she completed IADT and returned to her USAR unit.  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.  For USAR Soldiers, entry-level status begins upon enlistment in the USAR.  

4.  Furthermore, for Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.  The evidence of record shows the applicant completed 1 month and 23 days of continued active service at the time she was released from active duty; thus, she was in entry level status at the time.  

5.  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.  

6.  The applicant contends that an upgrade of her discharge would allow her to receive benefits through the use of the GI Bill.  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.

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: Record Review	  Date: 26 June 2013   Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 









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

Board Action Directed:
Issue a new DD Form 214:	
Change Characterization to:	
Change Reason to:	
Change Authority for Separation:
Change RE Code to:	
Grade Restoration to:	
Other:





























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)		AR20130003360



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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