Applicant Name: ????? Application Receipt Date: 2009/07/07 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant requests upgrade of his discharge from dishonorable to honorable. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Dishonorable Date: 060203 Chapter: 4 AR: 635-200 Reason: Completion of Required Active Service RE: SPD: MBK Unit/Location: 107th MP Co, Utica, NY Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 050912/OADT Current ENL Term: 00 Years 18 Weeks Current ENL Service: 00 Yrs, 04Mos, 22Days ????? Total Service: 00 Yrs, 06Mos, 10Days ????? Previous Discharges: ARNG-050824-050911/NA (Concurrent Service) Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Spec GT: 95 EDU: HS Grad Overseas: Italy/Southwest Asia Combat: Iraq (070818-080306) Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant's record is void of the order releasing him from active duty training. However, the record does contain 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 that he was released from the Regular Army under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with a dishonorable discharge. Furthermore, the DD Form 214 shows a Separation Code of MBK (i.e., completion of required active service). The analyst noted that the applicant enlisted in the Army National Guard State of New York and was ordered to active duty for training. Upon completion of his active duty training, the applicant was released and transferred back to his unit. However, the applicant's DD Form 214 block 24 character of service, reads "Dishonorable." The applicant was discharged under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with a dishonorable discharge. The applicant was in entry level status which requires an uncharacterized separation of service. Army Regulation 635-200, provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty and the regulation requires an uncharacterized separation of service under this chapter. The service of Soldiers specified in AR 635-200, paragraph 4-2i(1), who are in entry level status will be uncharacterized, even though they have completed their IADT successfully. However, the evidence of record shows that someone in the separation process erroneously entered on the DD Form 214, block 24 character of service as, "dishonorable." Therefore, the analyst recommends that block 24 be administratively corrected to read "uncharacterized." b. Legal Basis for Separation: Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel. Chapter 4 of that regulation provided, in pertinent part, for the separation of individuals at completion of required service (i.e., expiration term of service). c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows that 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 service uncharacterized. The characterization of service for Soldiers separated under this provision of the regulation will normally be 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 Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training. A fully 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 analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. The analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214 block 24 character of service, as "dishonorable." The analyst recommends to the Board that an administrative correction be made to block 24 character of service, to read "uncharacterized." Except for the foregoing modification to the applicant's characterization of service, the analyst determined that the discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted a DD Form 149 with the following documents: three (3) DD Form 214s, dated (060203), (070419), (080320); Discharge Orders 072-0007, dated (080312). VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board directs ARBA Support Division-St. Louis to administratively correct block 24 character of service, to read "uncharacterized." Except for the foregoing modification to the applicant's characterization of service, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: The Board directs ARBA Support Division-St. Louis to administratively correct block 24 character of service, to read "uncharacterized." RE Code: Grade Restoration: No Yes Grade: None Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090011900 ______________________________________________________________________________ Page 1 of 3 pages