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ARMY | DRB | CY2013 | AR20130006301
Original file (AR20130006301.txt) Auto-classification: Denied
      IN THE CASE OF:	Ms. 

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130006301
___________________________________________________________________________

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 to upgrade her uncharacterized service to fully honorable.  

2.  The applicant states, in effect, the dates entered on her DD Form 214 are incorrect.  She attended basic training from 11 June 1998, and the period of 16 July 1999 is the year she attended Advanced Individual Training; therefore, the correct date should be 11 June 1998.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 March 2013
	b.	Discharge Received:	Uncharacterized 
	c.	Date of Discharge:	28 August 1999
	d.	Reason/Authority/SPD/RE Code:	Completion of Required Active Service, AR 635-200
			Chapter 4, MBK, NA
	e.	Unit of assignment:	Co B, 369th AG BN, SSI TR TC, Fort Jackson, SC
	f.	Current Enlistment Date/Term:	16 July 1999, IADT 
	g.	Current Enlistment Service:	0 years, 1 month, 13 days
	h.	Total Service:	1 year, 6 months, 29 days
	i.	Time Lost:	None
	j.	Previous Discharges:	USAR (980130-980610) / NA
			IADT   (980611-980813) / NA
			USAR (980814-990715) / NA
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	71L10, Administrative Specialist 
	m.	GT Score:	102 
	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:	NIF
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the U.S. Army Reserve on 30 January 1998, for a period of 8 years.  She was 17 years old at the time of entry and subsequently a high school graduate.  She was trained in and awarded military occupational specialty (MOS) 71L10, Administrative Specialist.  Her record documents no acts of valor or significant achievement.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was 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., completion of required active service).  Following completion of MOS training, the applicant was released from active duty training, with an effective date of 28 August 1999, and transferred to the HHD, 372 PM BN, 400 Wyoming Blvd NE, Albuquerque, NM, 87123.

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 is no further evidence regarding service under current review.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided the following:

	a.	DD Form 214 for service under current review; 
	b.	DoD MEPS Orders 038-013, dated 3 March 1998, for 10-week basic training at Fort Leonard Wood, MO; and 
	c.	ATZT-AG-M-ET Memo No. 13, dated 22 July 1998, indicating date of release from IADT, effective 13 August 1998.  

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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 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.  Although absent any contentions that the applicant may have served honorably, her request for an upgrade to an honorable characterization of service was carefully considered.  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, entry-level status terminates 180 days after the beginning of training.  The applicant had completed 3 months and 24 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 there are incorrect entries in the DD Form 214 that is under current review.  However, request for changes to the DD Form 214 does not fall within the purview of this Board.  Accordingly, the applicant’s current request is with the Army Board for Correction of Military Records (ABCMR) for consideration.  

6.  Furthermore, should the applicant desire a discharge certificate for her IADT for the period she attended basic training, the creation of discharge certificates is not within the purview of the Army Discharge Review Board.  A copy of the appropriate discharge certificate may be acquired by submission of a Standard Form 180 (obtained online or from a local military installation) to the applicable address:  Former active duty Army and Reserve Personnel:  National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO  63132.  Former National Guard personnel: contact the State National Guard Office for assistance.  The National Personnel Records Center will not recreate a lost, stolen, or misplaced certificate of discharge.  The Center will only create an initial certificate for personnel who have not previously received a certificate of discharge. 

7.  The records show the proper discharge and separation authority procedures were followed in this case for the service under current review. 
8.  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:  18 September 2013      Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

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)		AR20130006301



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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