1. Applicant’s Name: a. Application Date: 24 July 2015 b. Date Received: 30 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, his faithful service, awards received, and evaluation prove that his discharge should be honorable. He would like to use his post 9/11 benefits, and is unable to do. In a records review conducted at Arlington, VA on 9 September 2016, and by a 5-0 vote, the Board determined the applicant’s reason for discharge 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. The board noted the applicant completed over 16 years of continuous active service. 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. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Completion of Required Active Service / AR 635-200 / Chapter 4 / LBK / NA / General, Under Honorable Conditions b. Date of Discharge: 17 March 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 March 2006 (2) Basis for Separation: The applicant was informed of the following reasons: Orders dated, 22 March 2006, amended the applicant’s mobilization orders to reflect: “Period of Active Duty: 2 February 2005 - 17 March 2006.” (3) Recommended Characterization: N/A (4) Legal Consultation Date: N/A (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: On 2 March 2006, the applicant received orders releasing him from active duty, not by reason of physical disability. The orders reflected “Return from deployment/completion of required active duty/NA. 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 November 1999 / 6 years (The applicant extended his enlistment on 1 November 2000, for a period of 6 years. The applicant extended his enlistment again on 15 November 2005, for a period of 6 years giving him a new ETS of 18 November 2012). The period of service under review: RA, 2 February 2005 - 17 March 2006. b. Age at Enlistment/Education/GT Score: 42 / Associate’s Degree / 124 c. Highest Grade Achieved/MOS/Total Service: E-7 / 13C40, Tactical Automated Fire Systems Specialist / 16 years, 7 months, and 16 days d. Prior Service/Characterizations: USMC, 20 April 1983 - 19 February 1987 / HD USMCR, 20 February 1987 - 4 January 1988 / NA RA, 5 January 1988 - 4 June 1992 / HD ARNG, 5 June 1992 - 4 June 1993 / HD (Break in Service) ARNG, 20 November 1999 - 1 February 2005 / NA e. Overseas Service/Combat Service: Germany, Saudi Arabia, Cuba / None f. Awards and Decorations: MSM-3, JSCM, ARCOM-2, JSAM, AAM-3, NAM, VUC, AGCM, NDSM-BS, SWASM-3BS, GWTEM, GWTSM, ASR, OSR-2, AFRMM, SSDR, KLM-SA g. Performance Ratings: February 2005 - January 2006, Among the Best 1 February 2006 - 30 September 2006, Fully Capable h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 24 July 2015; DD Form 293, dated 24 July 2015, DD Form 214; and a copy of his evaluation. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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). 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. 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. 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 she/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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The applicant contends his service was honorable and would like to use his GI Bill. The characterization of service for Soldiers separated under this provision of the regulation is normally 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. The applicant had 16 years, 7 months and 16 days total service at the time he was released from active duty. The applicant was ordered to active duty in support of Operation Enduring Freedom (GTMO), with duty in Cuba. On 2 March 2006, the applicant received orders releasing him from active duty, not by reason of physical disability. The orders reflected “Return from deployment/completion of required active duty.” The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as general, under honorable conditions. The discharge document confirms the applicant was not in an entry level status; and therefore, should have received an honorable discharge in accordance with the governing regulation. The discharge was not consistent with the procedural and substantive requirements of the regulation, and was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 9 September 2016, and by a 5-0 vote, the Board determined the applicant’s reason for discharge 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. The board noted the applicant completed over 16 years of continuous active service. 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. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 BH - Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police PTSD - Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150012818 4