IN THE CASE OF: Mr.
BOARD DATE: 19 March 2014
CASE NUMBER: AR20130013286
___________________________________________________________________________
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 APPLICANTS REQUEST AND STATEMENT:
1. The applicant requests an upgrade of his uncharacterized discharge to honorable.
2. The applicant states, in effect, that a change in his characterization would help in his attempt to buy back creditable military time for his current federal job. He contends he never received bad remarks or punishment while in the military. His human resource department does not recognize "uncharacterized," as creditable service.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 17 July 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 1 November 2000
d. Reason/Authority/SPD/RE: Completion of Required Active Service, Chapter 4, AR 635-200, MBK, NA
e. Unit of assignment: C Co, 187th OD Bn, Fort Jackson, SC
f. Current Enlistment Date/Term: 4 June 2000, ADT, NIF
g. Current Enlistment Service: 4 months, 28 days
h. Total Service: 1 year, 1 month, 2 days
i. Time Lost: None
j. Previous Discharges: ARNG-990930-000603/NA (Concurrent Service)
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 63B10, Light Wheel Vehicle Mechanic
m. GT Score: 99
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: None
u Prior Board Review: No
SUMMARY OF SERVICE:
The applicant enlisted in the Army National Guard on 30 September 1999, for a period of 8 years. He was 18 years old at the time of entry and a high school graduate. On 4 June 2000, he was ordered to active duty for active duty training (ADT). On 1 November 2000, he was awarded military occupational specialty (MOS) 63B10 (Light Wheel Vehicle Mechanic) 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 MOS training and was awarded MOS 63B10, Light Wheel Vehicle Mechanic.
2. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants 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.
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 1 November 2000, and transferred to the AG State of KY, 100 Minuteman Parkway Frankfort, KY, 40601.
4. The applicants 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 149 and DD Form 214 for the period of service under review.
POST-SERVICE ACTIVITY:
The applicant served on AD (060608-071115) with an honorable characterization of service and completed a total of 12 years in the Army National Guard (990930-110929).
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 applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants 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 requests his characterization of service be changed to honorable in his attempt to buy back creditable military service for his current federal job. 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 Soldiers 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 28 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 applicants record does not indicate the presence of any unusual circumstances and his service did not warrant an honorable discharge.
5. Furthermore, this is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.
6. The records show the proper discharge and separation authority procedures were followed in this case.
7. 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: Record Review Date: 19 March 2014 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) AR20130013286
Page 5 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
CASE REPORT AND DIRECTIVE
1
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