IN THE CASE OF: BOARD DATE: 20 May 2015 CASE NUMBER: AR20140008443 ___________________________________________________________________________ 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 applicant’s characterization of service is improper. The applicant was released from active duty under the provisions of Chapter 4, Army Regulation 635-200, after completion of his required active duty service in support of Operation Iraqi Freedom. The board noted the applicant completed 7 months and 4 days of continuous active service and was no longer in entry level status. AR 635-200 stipulates Soldiers being separated upon expiration of enlistment or fulfillment of their service obligation will be awarded a character of service of honorable unless in entry level status. In view of the aforementioned, the Board voted to grant full relief by changing the characterization of service to 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 general, under honorable conditions or honorable. 2. The applicant states, in pertinent part and in effect, upon returning from Iraq, he applied for VA disability benefits for his injuries. He completed his drills and every task to the best of his ability. He received notice from VA and the case worker informed him not to attend drills or any annual trainings because he was receiving benefits or he would be audited and have to pay back all of the monetary benefits he received. Having four children to support, he complied with the government employee’s advice and no longer attended drills. He was further informed the VA would contact his commander and resolve any issues. He received a copy of the letter sent to his commander. He then contacted a Mr. C to ensure he knew he never wanted to be discharged. Mr. C stated that, if the circumstances of his disabilities were known, proper paperwork for a medical board would have been completed. As a young Soldier, he thought he was on a medical hold status; however, he found that his discharge was uncharacterized when he received his medical records. Had he known then, he believes he could have continued a 20-year goal toward retirement. He does not deserve an uncharacterized discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 12 May 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 4 November 2006 d. Reason/Authority/SPD/RE Code: Completion of Required Active Service, AR 635-200, Chapter 4, LBK, NA e. Unit of assignment: CO W TR, Virginia f. Current Enlistment Date/Term: 30 March 2006, 465 days MOB (error in report date) g. Current Enlistment Service: 0 years, 7 months, 04 days h. Total Service: 2 years, 1 month, 16 days i. Time Lost: None j. Previous Discharges: USAR (050423-060329) / NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92A10, Automated Logistical Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Kuwait/Iraq (060504-060721) q. Decorations/Awards: ARCAM; NDSM; ICM; GWOTSM; AFRM-M DEV; ASR; OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the US Army Reserve on 23 April 2004, for a period of 8 years, and was mobilized in support of OIF on 30 March 2006, for a period of 465 days. He was 19 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist. He served in Kuwait and Iraq. He earned an ARCAM. He completed 2 years, 1 month, and 16 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 1 November 2006, Department of Army, Camp Shelby Joint Forces Training Center, Camp Shelby, MS, 39407-5500, issued Orders 305-0003, releasing the applicant from active duty and assigning him to 282nd Quartermaster Company, Supply Direct Support, Montgomery, AL 36109, with instructions that he was eligible for transitional health care benefits until 7 May 2007. 2. 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 LBK (i.e., completion of required active service). The applicant was released from active duty upon completing his required active service in support of OIF, with an effective date of 4 November 2006, and transferred to the 282nd QM Co, Supply Direct Support, Montgomery, AL 36109-2998. 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. Discharge orders described at the preceding paragraph 1. 2. There are no negative counseling statements available. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review; memorandum, dated 16 October 2006, subject: Release from Medical Attention for [the applicant]; Eligibility Report, dated 18 August 2010 (and 18 September 2009); Eligibility Verification Data, dated 8 April 2010; VA letter to unit, dated 21 June 2007; memorandum, dated 16 May 2008, subject: Award of the Army Reserve Components Achievement Medal; and discharge orders, dated 19 February 2009. POST-SERVICE ACTIVITY: The applicant provided a set of orders, dated 19 February 2009, discharging him from the Army Reserve with a GD. 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 applicant’s request for an upgrade of the characterization of his discharge was carefully considered. After a careful review of all the applicant’s military records and the issues and documents he submitted, the applicant's characterization of service is improper. 2. The service record confirms the applicant, as an Automated Logistical Specialist, was assigned to a permanent USAR Ready unit upon being released from active duty after serving over seven months, a period of service for which he was ordered to active duty, in support of Operation Iraqi Freedom. Army Regulation 635-200 stipulates that the service of a Soldier who has more than 180 day’s of continuous active duty at the time of the discharge from active duty will be characterized. 3. In view of the aforementioned, the applicant’s characterization of service is improper; thus, recommend the Board grant relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the reason for discharge was found to be proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 20 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: 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 FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140008443 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1