IN THE CASE OF:  	Mr. 

      BOARD DATE:  	18 December 2013

      CASE NUMBER:  	AR20130010980
___________________________________________________________________________

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, he was enrolled in the Active First Program and was discharged from the National Guard for enlistment on active duty (AD).

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 June 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			25 April 2008
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, Chapter 4, 						AR 635-200, MBK, NA
e. Unit of assignment:			A Co, 369th AG Bn, Fort Jackson, SC
f. Current Enlistment Date/Term:  	6 November 2007, IADT, for 12 weeks
g. Current Enlistment Service:  	0 years, 5 months, 20 days
h. Total Service:			0 years, 5 months, 20 days
i. Time Lost:				None
j. Previous Discharges:		ARNG-071017-071105/NA										    (Concurrent Service)
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	44C10, Financial MGMT 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:		None
t. Counseling Statements:		None
u    Prior Board Review:		No

SUMMARY OF SERVICE:

The applicant enlisted in the Army National Guard on 17 October 2007, for a period of 8 years.  He was 18 years old at the time of entry and a high school graduate.  On 6 November 2007, he was ordered to active duty for initial active duty training (IADT) for a period of 12 weeks.  On 25 April 2008, he was awarded primary specialty 44C10 (Financial MGMT Specialist) and transferred back to his unit of assignment.  His record does not contain any evidence of acts of valor or meritorious achievements.






SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that the applicant completed Military Occupational Specialty (MOS) training and was awarded MOS 44C10, Financial Management Specialist.

2.  Following completion of the MOS training course, the applicant was released from active duty with an effective date of 25 April 2008, and transferred to AG State of TX, 2200 West 35th Street, Austin TX, to continue his service in the Army National Guard.

3.  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.  

4.  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 25 April 2008, and transferred to the AG State of TX, 2200 West 35th Street, Austin TX, 78703.

5.  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 available record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, a NGB Form 22 for the period of service (071017-080426), DD Form 214 for the period (080426-111124), Department of Veterans Affairs letter, indicating summary of benefits, dated 15 February 2013, and a copy of the DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

The applicant served on AD (080426-111124) with an honorable characterization of service.

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 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 he was enrolled in the Active First Program and discharged from the ARNG for enlistment on AD.  The applicant's contention was noted; 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 AD.  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 5 months and 20 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.  The records show the proper discharge and separation authority procedures were followed in this case.  

6.  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:  18 December 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 Condition


ADRB Case Report and Directive (cont)		AR20130010980



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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