IN THE CASE OF:  	Mr. 

      BOARD DATE:  	14 May 2014

      CASE NUMBER:  	AR20130015680
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the examiner’s 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, that he would like an upgrade of his discharge for the purpose of being able to receive education benefits.  He believes his character of service is an error.  He contends he completed all requirements during his period of active duty; never had any medical or disciplinary issues that would have resulted in an uncharacterized discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		23 August 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			28 April 1999
d. Reason/Authority/SPD/RE:		Completion of Required Active Service, AR 635-200, 						Chapter 4, MBK, NA
e. Unit of assignment:			D Co, 169th EN Bn, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:	30 December 1998, NIF
g. Current Enlistment Service:	3 months, 29 days
h. Total Service:			5 months, 17 days
i. Time Lost:				None
j. Previous Discharges:		USAR-981112-981229/NA										    (Concurrent Service)
k. Highest Grade Achieved:		E-1
l.  Military Occupational Specialty:	51R10, Interior Electrician
m. GT Score:				98
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) 12 November 1998, for a period of 8 years.  He was 17 years old at the time of entry and had a high school equivalency (GED).  On 30 December 1998, he was ordered to active duty for initial active duty training (IADT) and was awarded military occupational specialty (MOS) 51R10 (Interior Electrician) 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 facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  The record also does not contain a copy of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of service under review.  However, the applicant did submit an incomplete copy of his DD Form 214, which was authenticated by his signature.  The DD Form 214 indicates that after completion of required active service (i.e., the MOS training course), the applicant was released from active duty with a characterization of service of uncharacterized with an effective date of 28 April 1999.  He was transferred to C Company, 844th Engineer Battalion, Greeneville, TN to continue his service in the United States Army Reserve.

2.  Based on his reason for separation of completion of required active service, the DD Form 214 should have show the applicant was released under the provision of Chapter 4, AR 635-200, with a Separation Code of MBK.

3.  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 DD Form 149, and a copy of his DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

None were provided with the application.

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.  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. The service of Soldiers in entry-level status will be uncharacterized.


3.  In the case of a USAR Soldier on active duty (AD) for IADT who is discharged upon completing training, the characterization of the period of service from which the Soldier is discharged is based solely on military behavior and performance of duty during the period of service while performing IADT.

4.  For USAR Soldiers, entry-level status begins upon enlistment in the 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, basic training (BT) or basic combat training (BCT), remain in entry-level status until 90 days after beginning Phase II.

ANALYST’S 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 IADT under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with service described as uncharacterized on 28 April 1999, and returned to his unit of assignment.

3.  The applicant contends he completed all requirements during his period of active duty training.  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.  For USAR Soldiers, entry-level status begins upon enlistment in the USAR.  The evidence of record shows the applicant completed 3 months and 29 days of continuous active service at the time he was released from IADT; thus, he was in entry-level status when he was discharged.  

4.  The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive education benefits. However, the Board does not grant relief for the purpose of allowing educational benefits through the use of the GI Bill.

5.  Therefore, the reason for discharge and characterization of service, as described on the DD 214 for the applicant’s period of IADT is both proper and equitable; thus recommend the Board deny relief.







SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  14 May 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)		AR20130015680



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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