AR20140002607

IN THE CASE OF: Mr.

BOARD DATE: 30 January 2015

CASE NUMBER: AR20140002607
___________________________________________________________________________

Board Determination and Directed Action

1. 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 to be both proper and equitable and voted to deny relief.

2. However, notwithstanding the propriety of the applicants discharge, the Board found that the applicants DD Form 214, block 24 contains the erroneous character of service of uncharacterized.

3. In view of the error, the Board directed an administrative correction to block 24, character of service to read “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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests to change the uncharacterized characterization of his discharge to honorable.

2. The applicant states, in effect, he successfully completed his IET. He did not have any form of punishment during his training. Subsequent to completing that training, he deployed in support of OIF later that year. He recently joined the federal technician forcehe needs the characterization changed to honorable so that he may receive credit for the service he earned.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 3 February 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 3 April 2004
d. Reason/Authority/SPD/RE Code: Completion of Required Active Service, AR 635-
200, Chapter 4, MBK, NA
e. Unit of assignment: CO A, 369th AG Bn, Fort Jackson, SC
f. Current Enlistment Date/Term: 4 November 2003, IADT pursuant to Orders Numbers
3252006 and 3252020, dated 9 September 2003
g. Current Enlistment Service: 0 years, 5 months, 0 days
h. Total Service: 0 years, 7 months, 14 days
i. Time Lost: None
j. Previous Discharges: ARNG (030820-031103) / NA
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 73C10, Finance Specialist
m. GT Score: 109
n. Education: HS Graduate
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 Army National Guard on 20 August 2003, and reported for IADT pursuant to orders. He was 21 years old at the time he reported for his trainings and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 73C10, Finance Specialist. His record documents no acts of valor or significant achievement. He completed 7 months and 14 days of active duty and reserve service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 4 November 2003, the applicant reported for active duty training pursuant to Orders Numbers 3252006 and 3252020, dated 9 September 2003.

2. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants 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 3 April 2004, and transferred to the AG State of Florida, PO Box 1008, St. Augustine, FL 32085.

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

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. IADT Orders.

2. There are no negative counseling statements or any adverse information.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review.

POST-SERVICE ACTIVITY:

The applicant states, in effect, since his discharge he continued to serve and deployed in support of OIF later that year.

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.

5. AR 635-8, paragraph 5-6 states, in pertinent part, that correct entry in Block 24 of DD Form 214, is vital since it affects a Soldiers eligibility for post-service benefits and that when an RC Soldier successfully completes initial active duty training, the character of service is honorable unless directed otherwise by the separation approval authority.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge was carefully considered.

2. Notwithstanding the propriety of the applicant’s discharge, the record shows that someone in the discharge process erroneously entered on the applicant’s DD Form 214, block 24, character of service as uncharacterized based on the following circumstances:

a. The governing regulation provides that 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 would be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT. There is no derogatory information in the applicants record during the service that is under current review.

b. The governing regulations also provide that an ARNG/RC Soldier who completes IADT and would be performing additional service after graduation is no longer in entry level status; therefore, is awarded an HD.

c. The evidence shows that the applicant was released from active duty training upon successfully completing his IADT and was transferred to the AG State of Florida, PO Box 1008, St. Augustine, FL 32085, for additional and continued service with the Army National Guard.

3. In view of the foregoing, it is recommended that an administrative change be made to block 24, character of service to “honorable.” Except for the foregoing modification to the applicant’s characterization of service, the discharge was both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 30 January 2015 Location: Washington, DC

Did the Applicant Testify, No

Counsel/Representative: None

Board Vote:
Character Change: 5 No Change: 0
Reason Change: NA No Change: NA
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: Honorable
Change Reason to: NA
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) AR20140002607

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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