IN THE CASE OF:  	

      BOARD DATE:  	11 September 2013

      CASE NUMBER:  	AR20130006026
___________________________________________________________________________

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

2.  The applicant states, in effect, that she needs to use her basic training time for retirement in conjunction with other active duty time served.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 March 2013
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			10 December 2000
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, Chapter 4 						AR 635-200, MBK, NA
e. Unit of assignment:			D Co, 369th AG Bn, SSI, Fort Jackson, SC
f. Current Enlistment Date/Term:	12 July 2000, NIF
g. Current Enlistment Service:	4 months, 29 days
h. Total Service:			1 year, 2 months, 27 days
i. Time Lost:				None
j. Previous Discharges:		USAR-990914-000711/NA										    (Concurrent Service)
k. Highest Grade Achieved:		E-1	
l. Military Occupational Specialty:	75H10, Personnel Service 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 United States Army Reserve on 14 September 1999.  She was ordered to active duty for training (ADT) 12 July 2000.  She was 18 years old at the time of entry and a high school graduate.  She was trained in and awarded military occupational specialty (MOS) 75H10, Personnel Service Specialist.  Her record documents no acts of valor or significant achievement.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 75H10, Personnel Service 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 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 the MOS training course, the applicant was released from active duty training, with an effective date of 10 December 2000, and transferred to 412th AG Co, 3622 Jefferson Ave, Pascagoula, MS to continue her service in the United States Army Reserve.

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 DD Form 293.

POST-SERVICE ACTIVITY: 

The applicant achieved the rank of SPC/E-4 prior to her discharge 18 September 2007 with an honorable discharge from the United States Army Reserve.

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 RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge and a change to the narrative reason for 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 and a change to the narrative reason for 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 requests a change in her characterization of service for retirement purposes.  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 29 days of continued active service at the time she was released from active duty; thus, she 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 available record does not indicate the presence of any unusual circumstances and her service did not warrant an honorable discharge.  

5.  The applicant also request that her narrative reason for discharge be changed.  However, 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, for completion of required active service.  The regulation further stipulates that no deviation is authorized.

6.  The applicant asks that her characterization be changed to honorable, in order to receive credit towards retirement.  Such a change is not provided for in Army regulations.  However, service in an entry level status is considered honorable, according to Department of Defense Instruction 1332.14, Enlisted Administrative Separations, Enclosure 4, Section 3, subparagraph c.(1)(c).  Therefore, the characterization of service for the purpose of active service creditable for civil service retirement is deemed to be honorable.

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: 11 September 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)		AR20130006026



Page 2 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1