IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 April 2014

      CASE NUMBER:  	AR20130012157
___________________________________________________________________________

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 characterization of service was improper because the applicant was not in an entry level status.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.  



      
      
      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 discharge from uncharacterized to honorable.

2.  The applicant states, in effect, that the characterization of service he received on                8 February 2009 is incorrect.  He contends he was granted a conditional release from the USAR for enlistment on active duty, which he did on 9 February 2006 until his discharge on   21 March 2010 with a characterization of service of honorable.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 June 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			8 February 2006
d. Reason/Authority/SPD/RE:		NIF/135-178
e. Unit of assignment:			1011 QM Co, Det 1 Sup DS, Pittsburg, KS
f. Current Enlistment Date/Term:  	24 May 2004, 8 years
g. Current Enlistment Service:  	1 year, 8 months, 15 days
h. Total Service:			1 year, 8 months, 15 days
i. Time Lost:				None
j. Previous Discharges:		USAR-040524-040621/NA										ADT-040622-041008/HD										    (Concurrent Service)
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				128
n. Education:				GED
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 (USAR) 24 May 2004, for a period of      8 years.  He was 26 years old at the time of entry and had a high school equivalency (GED).  On 22 June 2004, he was ordered to active duty for initial active duty training (IADT) and was awarded military occupational specialty (MOS) 88M10 (Motor Transport Operator) and transferred back to his unit of assignment.  His record does not contain any evidence of acts of valor or meritorious achievements.  On 8 February 2006, his assignment to the USAR was terminated as a result of his immediate reenlistment in the active duty Army on 9 February 2006. 


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The available evidence in the record indicates that on 23 March 2006, DA, HQS, 89th Regional Readiness Command, Wichita, KS, Orders Number 06-082-00019, discharged the applicant from the United States Army Reserve, effective 8 February 2006, with a characterization of service of uncharacterized.  His enlistment in the USAR on 24 May 2005 was terminated on the effective date of the order as a result of his immediate reenlistment in the active duty Army on 9 February 2006.  The applicant was discharged under the provisions of AR 135-178.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  DD Form 368 (Request for Conditional Release), dated 9 February 2006.

2.  Discharge Orders 06-082-00019, dated 23 March 2006.

3.  The applicant's available record does not contain any recorded actions under the UCMJ or counseling statements.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, a copy of his request for conditional release from the USAR, discharge orders, dated 23 March 2006, a sworn statement, dated 1 May 2013, a copy of his DD Form 214 for a prior period of active service, pages taken from his (060209) enlistment contract, a copy of his request for reserve component assignment orders, dated      4 March 2010, and a copy of his DD Form 214 for a post-service period.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he served honorably in the Regular Army from 9 February 2009 to 21 March 2010. 











REGULATORY AUTHORITY:

1.  Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.  

2.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 

3.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

4.  For USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  After a careful review of all the applicant’s military records and the issue and documents he submitted, the applicant's characterization of service is improper.  

2.  The service record confirms the applicant completed basic combat training and advanced individual training as an motor transport operator and was assigned to a permanent USAR unit.  On 8 February 2006, the appliant was discharged from the USAR as a result of his immediated reenlistment in the active duty Army on 9 February 2006.  Therefore, at the time of discharge from the USAR the applicant had completed a total of 1 year, 8 months, and 15 days of service in the USAR.  Therefore, the applicant was not in an entry-level status status and his characterization of service should not have been uncharacterized.


3.  In view of the aforementioned, the applicant’s characterization of service is improper; thus, recommend the Board grant relief in the form of an upgrade of the applicant's characterization of service to honorable.  However, the reason for discharge was found to be proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review      Date:  2 April 2014       Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Issue a new Discharge Order:  	Yes
Change Characterization to:  	Honorable
Change Reason to:  		NA 
Change Authority to:  		NA
Change RE Code to:  		NA
Grade Restoration to:  		NA
Other: TO: ARBA Promulgation Team. Arlington, VA                                Date: 2 April 2014

     The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  )	Change characterization of discharge to Honorable.






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)		AR20130012157



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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