IN THE CASE OF:	Mr. 

      BOARD DATE:	20 November 2013

      CASE NUMBER:	AR20130008952
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, [hearing his testimony] 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 change his uncharacterized service to fully honorable.

2.  The applicant states, in effect, the DD Form 214 reflecting his military service is not creditable for retirement and cannot be included in his service’s history; however, for the U.S. Postal Services, his discharge need to be changed to honorable to validate his service for the period he served. 

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	8 May 2013 
	b.	Discharge Received:	Uncharacterized 
	c.	Date of Discharge:	3 July 2002
	d.	Reason/Authority/SPD/RE Code:	Completion of Required Active Service, AR 635-200 
			Chapter 4, MBK, RE-NA
	e.	Unit of assignment:	Co A, Transportation, Fort Lee, VA 
	f.	Current Enlistment Date/Term:	23 January 2002, IADT
	g.	Current Enlistment Service:	5 months, 11 days
	h.	Total Service:	1 year, 3 months, 14 days
	i.	Time Lost:	None
	j.	Previous Discharges:	ARNG (010320-020123)/NA
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	92A10, Automated Logistical Specialist
	m.	GT Score:	97
	n.	Education:	BA degree
	o.	Overseas Service:	Puerto Rico
	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 Army National Guard on 20 March 2001, for a period of 8 years, and was ordered to active duty for training on 23 January 2002.  He was 26 years old at the time of entry and had a BA degree.  On 3 July 2002, he completed his required active duty training for a period of 5 months and 11 days, and was discharged with an uncharacterized service.  His record documents no acts of valor or significant achievement during the period of record under current review.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 26 December 2001, Headquarters, Army National Guard, San Juan, Puerto Rico, approved a request for delayed entry exceeding 270 days to attend IADT on or about 23 January 2002, for the applicant.  There are no orders available in the record.

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.  His DD Form 214 indicates he 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.  

3.  The DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service).  Following completion of MOS training course, the applicant was released from active duty training, with an effective date of 12 August 2004, and transferred to the 783rd Maintenance Company, TOA, Baja, PR 00612.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There are no negative counseling’s or actions under the Uniform Code of Military Justice.

2.  Memorandum, dated 26 December 2001, approving initial active duty training (IADT) that exceeds the 270 days for entry to IADT.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a U.S. Postal Service letter addressed to him, dated 22 April 2013, indicates its HR Shared Service Center completed the validation of his service history, and advised him to submit a request to his military branch to change the “Uncharacterized” service to Honorable to provide for creditable service. 

POST-SERVICE ACTIVITY: 

The applicant provided none; however, his record indicates his continued honorable service with the Army National Guard with an ETS date of 19 December 2016.

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 his 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.  The applicant contends the period of his uncharacterized service is not creditable service for retirement from the U.S. Postal Service.  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 completed 5 months and 11 days of continued active service at the time he was released from active duty; thus, he 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 his service did not warrant an honorable discharge.  

5.  The records show the proper discharge and separation authority procedures were followed in this case. 

6.  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:  20 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)		AR20130008952

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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