IN THE CASE OF: Mr. BOARD DATE: 10 April 2015 CASE NUMBER: AR20140006538 ___________________________________________________________________________ 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 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 to upgrade the characterization of his service from uncharacterized to fully honorable. 2. The applicant states, in effect, his discharge is inequitable because it was based on one isolated incident during his service with no other adverse action. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 April 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 27 August 1997 d. Reason/Authority/SPD/RE Code: Completion of Required Active Service, AR 635- 200, Chapter 4, MBK, NA e. Unit of assignment: C B, 369th AG Bn, Fort Jackson, SC f. Current Enlistment Date/Term: 8 July 1997, IADT MOS Training g. Current Enlistment Service: 0 years, 1 month, 20 days h. Total Service: 1 year, 3 months, 19 days i. Time Lost: None j. Previous Discharges: USAR (960422-970707) / NA k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 71L10, Administrative Specialist m. GT Score: NIF 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: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the US Army Reserve on 22 April 1996, for a period of 8 years. He reported for IADT on 8 July 1997. He was 17 years old at the time of entry and had a high school equivalency (GED). He was trained in and awarded military occupational specialty (MOS) 71L10, Administrative Specialist. His record documents no acts of valor or significant achievement. He completed 1 year, 3 months, and 19 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 22 June 2004, Department of Army, Headquarters, United States Army Training Center and Fort Jackson, Fort Jackson, SC 29207-5000, issued Orders 174-832, releasing the applicant from attachment to the U.S. Army 120th AG Battalion (Reception), Fort Jackson, SC 29207-6700, and attaching him to B Company, 369th AG Battalion Training Brigade, Fort Jackson, SC 29207, for the purpose of MOS training (42L) for approximately 4 weeks or until completion of MOS training. 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 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 27 August 1997, and transferred to the 448th AG Company, Post Route 25A and Williams Floyd Parkway, Rocky Point, NY 11778. 4. 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 negative counseling statements or UCMJ actions in the record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a copy of his social security card and driver’s license; a character reference letter; and two supporting statements. POST-SERVICE ACTIVITY: The applicant provided none. 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. 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 active duty for training under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with character of service described as uncharacterized. 3. 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 and USAR Soldiers ordered to IADT, entry-level status terminates 180 days after the beginning of training. The applicant had completed 1 month and 20 days of continued active service at the time he was released from active duty; thus, he was in entry level status at the time. 4. A general, under honorable conditions discharge is not authorized under ELS conditions and an 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 service record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. 5. The applicant further contends his discharge is inequitable because it was based on one isolated incident. However, the applicant was released from active duty by reason of completing his required active service with character of service described as uncharacterized because he was in an entry-level status. Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the reason for discharge and characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 April 2015 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) AR20140006538 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1