IN THE CASE OF:  	Mr.

      BOARD DATE:  	12 July 2013

      CASE NUMBER:  	AR20130003836
___________________________________________________________________________

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, that he joined the US Army Reserve and went to basic and advance individual training, satisfying the requirements set forth; however, his DD Form 214 indicates reason as "completion of required active service."  He contends he has a certificate of honorable discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 February 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			25 November 1998
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, Chapter 4, 						AR 635-200, MBK, NA
e. Unit of assignment:			V Co, 262d QM Bn, Fort Lee, VA
f. Current Enlistment Date/Term:  	10 September 1998, IADT, NIF
g. Current Enlistment Service:  	2 months, 16 days
h. Total Service:			1 year, 6 months, 20 days
i. Time Lost:				None
j. Previous Discharges:		ARNG-970506-970616, NA									IADT-970617-980822, NIF										ARNG-980823-980909/NA										    (Concurrent Service)
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	77F10, Petroleum Supply Specialist
m. GT Score:				109
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 United States Army Reserve (USAR) on 6 May 1997.  He was ordered to active duty for initial active duty training (IADT) on 17 June 1997 under the alternate (split) training program.  He attended advanced individual training (AIT) on 10 September 1998 and completed Military Occupational Specialty (MOS) training.  He was awarded MOS 77F10, Petroleum Supply Specialist.  He was 19 years old at the time of entry.  He had completed      1 year, 6 months and 20 days of total service at the time of discharge from IADT.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  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 IADT under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with his service described as uncharacterized.  

2.  The DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service).  Following completion of the MOS training course, the applicant was released from active duty with an effective date of 25 November 1998, and transferred to the 377th Maintenance Company, Manitowoc, WI to continue his service in the United States Army Reserve.

3.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

U.S. Army Human Resources Command orders D-05-516471, dated 10 May 2005, showing the applicant was discharged from the USAR effective 10 May 2005 with a characterization of honorable. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, copy of DA Form 256A (Honorable Discharge Certificate), dated 10 May 2005, and copy of DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

The applicant received an honorable discharge from the USAR, 10 May 2005 and achieved the rank of SPC/E-4. 

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.  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. The service of Soldiers in entry-level status will be uncharacterized.

3.  In the case of a USAR Soldier on active duty (AD) for IADT who is discharged upon completing training, the characterization of the period of service from which the Soldier is discharged is based solely on military behavior and performance of duty during the period of service while performing IADT.

4.  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, basic training (BT) or basic combat training (BCT), remain in entry-level status until 90 days after beginning Phase II.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  Paragraph 2-1(a)(2) specified a DD Form 214 would be prepared for members of the Army National Guard and USAR separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support.
Paragraph 2-1(1)(a)(5) specified a DD Form 214 will be prepared for Reserve Component Soldiers completing initial ADT that results in the award of a MOS, even when the active duty period was less than 90 days.  This includes completion of AIT under ARNGUS alternate training program or USAR split training program.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for issuance of a new DD Form 214 reflecting an upgrade of the characterization from uncharacterized to honorable, was carefully considered.  However, after examining the applicant’s record of service, the documents and the issue submitted with the application, a change to the DD Form 214 is not warranted.  

2.  The evidence of record shows the applicant, while in entry-level status, was released from IADT under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with service described as uncharacterized on 25 November 1998, and returned to his unit of assignment.

3.  The applicant contends he completed all requirements during his IADT.  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.  The evidence of record shows the applicant completed             2 months and 16 days of continuous active service at the time he was released from IADT; thus, he was in entry-level status when he was discharged.  

4. The applicant submitted a copy of DA Form 256A which indicates he served honorably in the USAR and was discharged on 10 May 2005.  The DA Form 256A was for his service in the USAR from 6 May 1997 to 10 May 2005.  The DD Form 214 the applicant received was for his active duty service during the period 10 September 1998 to 25 November 1998.  Further, evidence shows the applicant was issued discharge orders, dated 10 May 2005, which discharged him with a characterization of service of honorable for his inactive service.  The applicant is not entitled to a DD Form 214 for the period of service following his non active duty service as explained above. 

5.  Therefore, the reason for discharge and characterization of service, as described on the DD 214 for the applicant’s period of IADT is both proper and equitable; thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review           Date: 12 July 2013        Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: yes [ redacted ]

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 Authority for Separation:	NA
Change RE Code to:		NA
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)		AR20130003836



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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