IN THE CASE OF:  	

      BOARD DATE:  	10 July 2013

      CASE NUMBER:  	AR20130003789
___________________________________________________________________________

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 his uncharacterized discharge to honorable. 

2.  The applicant states, in effect, he applied for Wisconsin GI Bill benefits and needs an upgrade to receive benefits he is eligible for.  He had no negative actions and served honorably.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 February 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			2 December 2005
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, Chapter 4 						AR 635-200, MBK, NA
e. Unit of assignment:			A Co, 187th Ordnance Battalion, Fort Jackson, SC
f. Current Enlistment Date/Term:  	27 June 2005, OIADT, for 22 weeks
g. Current Enlistment Service:  	5 months, 6 days
h. Total Service:			9 months, 21 days
i. Time Lost:				None
j. Previous Discharges:		ARNG-(050212-050626/NA									     (Concurrent Service)	
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	63B10, Wheeled Vehicle Mechanic
m. GT Score:				110
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Army National Guard on 12 February 2005 for 8 years. He was ordered to initial active duty training (IADT) on 27 June 2005, for a period of 22 weeks.  He was 18 years old at the time of entry and was a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 63B10, Wheeled Vehicle Mechanic.  He was serving at Fort Jackson, SC, when released from active duty.  The record did not contain any personal awards.  The applicant continued to serve in the ARNG until he was discharged on 12 May 2011, with an honorable discharge.  



SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 5 July 2005, Department of Army, Headquarters, United States Army Training Center and Fort Jackson, Fort Jackson, SC 29207-5000, issued Orders 186-902, releasing the applicant from attachment to the U.S. Army 120th AG Battalion (Reception), Fort Jackson, SC 29207-6700, and attaching him to C Company, 2-60th Infantry Training, Fort Jackson, SC 29207, for the purpose of MOS training until completion of MOS training.

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 2 December 2005, and transferred to E Co, 187th Aviation Battalion (Rear), Madison, WI, 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 record does not contain any counseling statements or any Uniform Code of Military Justice (UCMJ) actions.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293; Orders 186-902; NGB Form 22; and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any. 

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.  However, 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.  

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 issues 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 Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training.  The applicant had completed 5 months and 6 days of continued active service at the time he was released from active duty; thus, he was in entry level status.  This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.

4.  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 contends he applied for Wisconsin GI Bill benefits and needs an upgrade to receive benefits he is eligible for.  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.

6.  The applicant also contends he had no negative actions and served honorably.  The applicant’s service accomplishments and the quality of his service prior to being released from active duty training were carefully considered.  However, because the applicant was in entry level status his characterization of service cannot be upgraded.

7.  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 July 2013       	Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  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
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)		AR20130003789



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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