Applicant Name: ????? Application Receipt Date: 2009/08/03 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states in effect: "On my DD214 now it is stated that my type of separation is "Drop from rolls of the Army". My discharge from Active Duty was after a deployment back into the Reserves, it should state Released from Active Duty." 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: Date: NIF Discharge Received: Date: 080928 Chapter: 4 AR: 635-200 Reason: Dropped from the Rolls of the Army RE: SPD: LBK Unit/Location: HHC, 244th Avn Bn, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: OAD 070926 Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 11Mos, 29Days ????? Total Service: 03 Yrs, 10Mos, 05Days ????? Previous Discharges: RA 041122-050720/HD USAR 050721-120924/Concurrent Service OAD 070926-080924/HD (Concurrent Service) Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 15P20/Avn Ops Spc GT: 124 EDU: HS Grad Overseas: Germany, SWA Combat: Iraq (071013-080907) Decorations/Awards: ARCOM, AAM, ICM, MUC, NDSM, GWOTSM, ASR, OSR, AFRM V. Post-Discharge Activity City, State: Harker Heights, TX Post Service Accomplishments: Applicant continues to serve in the USAR, achieved the rank of sergeant, and has an ETS of 24 September 2012. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 11 September 2008, Department of Army, Headquarters, United States Army Infantry Center and Fort Benning, GA, issued Orders 255-2268, releasing the applicant from active duty after completion of her required active service with an honorable discharge. 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. Her DD Form 214 indicates that she was released from active duty under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with service characterized as honorable. Furthermore, the DD Form 214 shows a Separation Code of LBK (i.e., completion of required active service). The applicant was released from active duty with an effective date of 28 September 2008, and transferred to the 244th Aviation Brigade, Fort Sheridan, Illinois, 60037. 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). AR 635-5, Separation Documents, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, and release from active duty service. It establishes standardized policy for the preparation and distribution of DD Form 214 (Certificate of Release or Discharge from Active Duty). 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, and the issue and documents she submitted, the analyst recommends that an administrative change be made to the applicant’s DD Form 214. The evidence of record shows the applicant was released from active duty under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with service characterized as honorable. Further the record shows the narrative reason for separation as “completion of required service” with a separation code of LBK. The applicant correctly identified an administrative error in item 23 of her DD Form 214 in that someone incorrectly entered “Dropped from the rolls of the Army.” AR 635--5, stipulates that a Soldier being released from active duty after completion of required service will have in item 23 of his DD Form 214, an entry of “Release from Active Duty.” In view of the foregoing the analyst recommends an administrative change to item 23 of the DD Form 214 to reflect “Release from Active Duty” as stipulated by AR 630-5. paragraph 2-4(23) (Type of Separation). Except for this modification the analyst determined that the discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 June 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Reassignment Orders, DD Form 214, and Orders releasing the applicant from active duty. VIII. Board Discussion, Determination, and Recommendation Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 23, type of separation as “dropped from the rolls of the Army.” In view of this clerical error, the Board directed that an administrative change be made to block 23, type of separation to "Release from Active duty” as stipulated in Army Regulation 635-5, Separation Documents. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change NA No change NA Reason - Change 5 No change 0 (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: NA Other: Change block 23, type of separation to "RELEASE FROM ACTIVE DUTY." RE Code: Grade Restoration: No Yes Grade: na 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 AR20090013175 ______________________________________________________________________________ Page 1 of 3 pages