1. Applicant's Name: a. Application Date: 23 April 2018 b. Date Received: 30 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to correct the reenlistment code for the time served in the US Army Reserve. The applicant seeks relief contending, in effect, that the applicant served from February 2009 to October 2010 in the active reserve. The applicant was discharged from the inactive reserve in February 2017. The current reenlistment (code) eligibility shows a clerical error, which would not allow the applicant to come back into the military. The record states the applicant served eight years in active Reserve, which is not correct. The applicant was discharged with an honorable code. In a records review conducted at Arlington, VA on 1 November 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA / AR 135-178 / NA / Honorable b. Date of Discharge: 14 February 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: NA (2) Basis for Separation: (The record indicates the applicant completed his six-year USAR enlistment, and additional two years (perhaps, an eight-year Military Service Obligation) (3) Recommended Characterization: NA (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NA 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 February 2009 / 6 years (Any extension or reenlistment NIF) b. Age at Enlistment / Education / GT Score: 28 / 13 years / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 88U10, Railway Operator Crewmember / 8 years, 5 months, 8 days d. Prior Service / Characterizations: USMC (7 July 1999 to 10 December 1999) / NIF USAR (10 February 2009 to 20 August 2009) / NA IADT (21 August 2009 to 25 September 2009) / HD USAR (26 September 2009 - Continuous Service) e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM / ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 23 April 2018 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 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, or contractual terms of enlistment. Contractual military service obligation indicates that on enlistment and reenlistment, a Soldier enters into an agreement to serve in a regular or RC of the armed forces for a specified term of service. The contracted term of service may expire during, run concurrent with, or exceed the term of an incurred statutory MSO. Unless reenlisted or extended, a Soldier will be discharged from military service on expiration of a contractual MSO, or a statutory MSO, whichever is the later, by the separation authority (paragraph 1-11). Consider that the Soldier enlisted in the ARNGUS or USAR TPU for 6 years and incurs an 8-year statutory MSO. On expiration of the 6 years, unless reenlisted or extended in the ARNGUS or USAR TPU, the Soldier will be transferred as a Reserve of the Army to the USAR (control group). Unless reenlisted or extended in the USAR (control group), the Soldier will be discharged on expiration of the 8-year statutory MSO. The service of a Soldier being discharged on expiration of the term of an enlistment, reenlistment, or on fulfillment of a statutory MSO will be characterized as honorable, except as provided in paragraph 1-27, AR 135-178. 8. DISCUSSION OF FACT(S): The applicant requests to correct the reenlistment code for the time he served in the US Army Reserve. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record shows that on 14 February 2017, Department of Army, US Army Human Resources Command, Fort Knox, KY 40122, issued Orders D-02-704205, releasing the applicant from US Army Reserve with an honorable type of discharge under the authority of Army Regulation 135-178. The Orders further shows the applicant was discharged from the USAR Control Group (AT), effective 14 February 2017. The applicant contends his current reenlistment (code) eligibility shows a clerical error, which would not allow him to reenlist in the military, and that his records states he served eight years in active Reserve, which is also incorrect. However, for a discharge from the US Army Reserve, the Reserve component, separation orders dictate the discharge; therefore, DD Form 214 is not required, unless the applicant is discharged from an active duty assignment. Further, in the applicant's case, the discharge orders would not provide a narrative reason for his discharge, nor a reentry code, except that the orders would cite the discharge authority as AR 135-178. Therefore, the rationale the applicant provided as the basis for what he believes was an unjust discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 1 November 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180008464 1