AR20140000735

IN THE CASE OF: Mr.

BOARD DATE: 4 February 2015

CASE NUMBER: AR20140000735
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his uncharacterized discharge to honorable.

2. The applicant states, in effect, because he broke his femur, he is left disabled; and, unable to work and support his family. He deserves his disability pay and it will help to start his physical therapy in healing his leg and hip.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 16 December 2013
b. Discharge received: Uncharacterized
c. Date of Discharge: 21 November 2013
d. Reason/Authority/SPD/RE: Completion of Required Active Service, Chapter 4, AR 635-200, MBK, NA
e. Unit of assignment: 702nd ENG Co (HC), Gray, TN
f. Current Enlistment Date/Term: 29 July 2013, 19 weeks
g. Current Enlistment Service: 0 years, 3 months, 23 days
h. Total Service: 0 years, 3 months, 23 days
i. Time Lost: None
j. Previous Discharges: USAR (130507-130728), HD
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: BCT Non-Graduate
m. GT Score: 88
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: None
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Army Reserve on 7 May 2013, and was ordered to active duty for initial active duty training (IADT) on 29 May 2013, for 19 weeks He was 22 years old at the time of entry and a high school graduate. The applicant was discharged with uncharacterized and did not receive any awards or recognition for valor.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows the applicant did not complete his Military Occupational Specialty (MOS) training and was not awarded the MOS 12N10, Horizontal Construction Engineer.
2. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants digital signature. The DD Form 214 indicates he was released from initial active duty training under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with his service described as uncharacterized.

3. The applicant was released from active duty training with an effective date of 21 November 2013, and transferred to the US Army Reserve and discharged from the Army Reserve effective 26 May 2014.

4. The applicants available record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

There are no counseling statements or UCMJ actions in the available record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, DD Form 214; a copy of his health record, medical examination, and duty status; a copy of his 2013 tax record; and, a copy of his discharge packet.

POST-SERVICE ACTIVITY:

The applicant did not provide any with his application.

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 applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants available 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 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. The applicant contends breaking his femur left him disabled. He needs his disability pay to support his family because he cannot work; and, by upgrading his discharge to honorable will allow him to start physical therapy for his leg and hip. However, 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. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when separated in entry-level status. For ARNG and USAR Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training. The applicant had completed 3 months and 23 days of continued active service at the time he was released from active duty; thus, he was in entry level status.

4. A general, under honorable conditions discharge is not authorized under entry level separation (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. A review of the applicants record does not indicate the presence of any unusual circumstances and his service did not warrant an honorable discharge.

5. The applicant injured his femur during APFT where he was unable to continue basic training, obtain a MOS and perform his military duties or work as a civilian. The applicant submitted a DA Form 7574 (Incapacitation Pay Monthly Claim Form). On 16 August 2014, the Commander recommended incapacitation pay is paid for 90 days (140201-140430). On
25 August 2014, the Commander request an extension of the applicants incapacitation pay exceed the 180 days statutory limit.

6. Therefore, the reason for discharge and the 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: 4 February 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) AR20140000735

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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