IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 November 2013

      CASE NUMBER:  	AR20130008176
___________________________________________________________________________

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, AR 635-200, paragraph 3-9a.3 states that “uncharacterized” cannot be used when a Soldier has less than 181 days consecutive active military service, completed Initial Entry Training, has been awarded an MOS and has reported for duty for a follow-on unit assignment.  He did not know this would affect his career; or even knew what it meant.  He requests the change in order to increase his 9/11 GI Bill educational benefit.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 March 2012
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			12 April 2007
d. Reason/Authority/SPD/RE Code:	Completion of Required Active Service, Chapter 4, 							AR 635-200, MBK, NA
e. Unit of assignment:			Company G TR TC, Fort Lee, VA
f. Current Enlistment Date/Term:	6 November 2006, IADT, NIF
g. Current Enlistment Service:	0 years, 5 months, 7 days
h. Total Service:			0 years, 8 months, 23 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (20060720-20061105), NA
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	92A10, Automated Logistical Specialist
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, 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 20 July 2006 and was ordered to active duty for initial active duty training (IADT) and advanced individual training (AIT) on 6 November 2006; the period of service was not in his AMHRR.  He was 18 years old at the time of entry and was a high school graduate.  Upon completion of his active duty training on 12 April 2007 he was discharged from active duty.  The applicant earned the NDSM and the ASR during the period of service under review. 
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 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.  

2.  Following completion of the MOS training course, the applicant was released from active duty with an effective date of 12 April 2007, and transferred to 712 MP Guard CO, Baytown, TX to continue his service in the Army National Guard.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The evidence of record shows that the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 91A10, Automated Logistical Specialist.  There are no counseling statements or UCMJ actions in the record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a DD Form 214.

POST-SERVICE ACTIVITY: 

None stated.

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 ARNG 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 his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, 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 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 the governing regulation states the characterization of service of “uncharacterized” cannot be used when a Soldier has less than 181 days consecutive active military service; completed initial entry training; has been awarded an MOS; and has reported for duty for a follow-on assignment.  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 (ELS) 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 completed 4 months and 6 days of continued active service at the time he was released from active duty; thus, he 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 record does not indicate the presence of any unusual circumstances and his service did not warrant an honorable discharge.  

5.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.















Type of Hearing:  Records Review       Date:  1 November 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)		AR20130008176



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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