IN THE CASE OF: BOARD DATE: 15 May 2015 CASE NUMBER: AR20140008314 ___________________________________________________________________________ Board Determination and Directed Action 1. 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 to be both proper and equitable and voted to deny relief. 2. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 24 contains the erroneous character of service of uncharacterized. 3. In view of the error, the Board directed an administrative correction to block 24, character of service to read "Honorable.” 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 to upgrade the characterization of his service from uncharacterized to fully honorable and to change the narrative reason for his discharge. 2. The applicant states, in effect, he was transferred back to his Army National Guard Unit after completing basic and advanced individual training. He is currently a federal employee and according to his agency an "Uncharacterized" discharge is not recognized as credible service. He has served 13 years in the Guard, been through a deployment, and volunteered to deploy numerous times. He is trying to buy back his time for federal retirement and leave purposes. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 8 May 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 13 November 2001 d. Reason/Authority/SPD/RE Code: Completion of Required Active Service, AR 635- 200, Chapter 4, MBK, NA e. Unit of assignment: Co B, TR, USA Combined Arms Support Command and Fort Lee, Fort Lee, VA f. Current Enlistment Date/Term: 29 June 2001, IADT g. Current Enlistment Service: 0 years, 4 months, 15 days h. Total Service: 0 years, 10 months, 4 days i. Time Lost: None j. Previous Discharges: ARNG (010110-010628) / NA k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 92G10, Food Service Specialist m. GT Score: 109 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 record shows the applicant enlisted in the Army National Guard on 10 January 1001, for a period of 8 years, and reported for IADT training on 29 June 2001, until 13 November 2001 or upon completion of course. He was 18 years old at the time of entry and subsequently was a high school graduate. He was trained in and awarded military occupational specialty (MOS) 92G10, Food Service Specialist. His record documents no acts of valor or significant achievement. He completed 10 months and 4 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record is void of the orders issued to the applicant that instructed him to report to Fort Lee, VA, for the purpose of basic and MOS training (92G) until 13 November 2001 or completion of MOS training. 2. However, 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. His DD Form 214 indicates he was released from active duty training under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with service 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 13 November 2001, and transferred to HHC, 1st Bn, 103rd AR, 565 Walters Avenue, Johnstown, PA 15904. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Orders, dated 20 September 2001, issued by DA, USA Combined Arms Support Command & Fort Lee, Fort Lee, VA, indicates the applicant would be awarded 92G10 MOS, effective 13 November 2001 or upon course completion. 2. There are no negative counseling statements or actions under the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application; DD Form 214 for service under current review; and DD Form 214 for service ending 15 November 2005. POST-SERVICE ACTIVITY: The applicant states, in effect, he is currently a federal employee. He has served 13 years in the Guard and deployed. 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. 5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "MBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 4, completion of required active service. 6. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "MBK" will be assigned an RE Code of 1 or 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative reason for his discharge was carefully considered. 2. Notwithstanding the propriety of the applicant's discharge, the record shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as uncharacterized based on the following circumstances: a. The governing regulation provides that 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 would be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT. There is no derogatory information in the applicant’s record during the service that is under current review. b. The governing regulations also provide that an ARNG/RC Soldier who completes IADT and would be performing additional service after graduation is no longer in entry level status; therefore, is awarded an HD. c. The evidence shows that the applicant was released from active duty training upon successfully completing his IADT and was transferred to an Army National Guard unit in Pennsylvania, for continued service with the Army National Guard. 3. Regarding his request to change the narrative reason for his discharge, he was separated under the provisions of Chapter 4, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Completion of Required Active Service," and the separation code is "MBK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 4. In view of the foregoing, it is recommended that an administrative change be made to block 24, character of service to "honorable." Except for the foregoing modification to the applicant's characterization of service, the discharge was found to be proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 May 2015 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: Yes Change Characterization to: Honorable 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) AR20140008314 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1