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ARMY | DRB | CY1999 | 1999025854
Original file (1999025854.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: HD

2. Date of discharge (or REFRAD): 920430

3. Authority for separation:

         a. Regulation: Chapter 16, AR 635-200

          b. Reason: Reduction in Authorized Strength-Qualitative Early Transition Program
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM
a. Period entered for: 4 Years AAM(2)
b. Entry date: 900618 GCMDL(3)
c. Age: 30 Years DOB: 600502 NCOPDR(2)
d. Educational level: 13 Years SWASMw/3BSS
e. Aptitude area score: KLM
          GT: 80 3. Highest grade achieved:
f. Length of Service: E6
1 Year 10 Months 13 Days

4. Performance evaluations:
See OMPF

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 810107 840105 HD
         RA 840106 861208 HD
         RA 861209 900617 HD



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

          a. The evidence of record shows that on 15 January 1992, the Department of the Army (DA) imposed a bar to reenlistment on the applicant, under the provisions of the Qualitative Management Program (QMP). On 30 January 1992, the unit commander presented notification of the QMP action to the applicant and opted not to appeal on the applicant’s behalf. On 31 January 1992 the applicant choose not to submit an appeal to the QMP action, and elected to be discharged within 90 days. Based on the applicant’s option selection, his discharge was directed, under the provisions of chapter 16, paragraph 16-8, AR 635-200, by reason of reduction in authorized strength-qualitative early transition program, with a characterization of service of honorable, a reentry (RE) code of 4, and a separation program designator (SPD) code of JCC.
         b. On 30 April 1992, the applicant was separated with an honorable discharge. At the time of his discharge the applicant had completed 1 year,
10 months, and 13 days of his current enlistment, and a total of 11 years,
3 months and 24 days of active military service.

         c. The applicant’s record shows that he received a DA imposed bar to reenlistment, under the provisions of the qualitative management program (QMP). The QMP packet documented three substandard enlisted evaluation reports as the basis for the action. The applicant was notified of the bar, and provided information on all his available options in connection with the QMP action. On 31 January 1992, he elected not to appeal the action, and requested that he be separated within ninety days. By regulation, soldiers who are discharged as a result of a DA imposed bar to reenlistment receive an honorable characterization of service, and are assigned a reentry code (RE) of 4. The evidence of record shows the applicant was appropriately discharged under the provisions of the QMP.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 covers the early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints, and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Army policy states that the service of personnel separated under this paragraph will be characterized as honorable.


SECTION B-APPLICANT’S SUBMISSIONS


 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 990422, with two (2) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 2 June 1999 .

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         b. Request: ( ) Recharacterization ( X ) Change of Reason


2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:


          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.
         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (1), (2), and (3) The issues are rejected. The Board noted the applicant’s contentions that, in effect, his discharge was inequitable because it was based on an isolated incident; that he was selected to become a recruiter but never received orders; and that several months later he received a letter telling him he was being kicked out based on an evaluation report. The Board noted that the applicant was voluntarily separated under the provisions of Chapter 16, Army Regulation 635-200, based on a Department of the Army (DA) imposed bar to reenlistment, under the provisions of the Qualitative Management Program (QMP). In the packet provided the applicant by DA, three enlisted evaluation reports were cited as the basis for his selection. The applicant was afforded the opportunity to appeal the QMP action; however, choose not to, and instead requested separation within 90 days. The applicant was advised that once separated, he would not be permitted to reenlist and that he was ineligible for further service. These facts were stipulated in the separation documentation and acknowledged by the applicant. The Board found the reason for discharge to be both proper and equitable and voted to deny relief.
(4) and (5) The issues are rejected. The Board noted the applicant’s contentions that, in effect, he should not have a reentry (RE) code of 4 based on the rank he attained, and his honorable service; and that he would like to correct the RE code and clear up the reason for discharge. Changing reentry (RE) codes is not within the purview of the Army Discharge Review Board. However, the Board did determine that the applicant was properly assigned an reentry (RE) code of 4. By regulation, soldiers separated as a result of a DA imposed bar to reenlistment are ineligible reenlistment and for further service. If the applicant still believes there is an error or injustice in his discharge, he may make application to the Army Board for Correction of Military Records utilizing the DD Form l49 enclosed with this document.

3. Response(s) to item(s) not addressed as decisional issue(s): NONE
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .
2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. ADRIANCE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

 AR Number: 1999025854 INDEX NUMBERS: A9217
Date of Review: 990602 A9211
Character of Service: HD A9219
Date of Discharge: 920430 A9445
Authority: AR 635-200 C16 A0100
Reason: A2400
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR
1.      Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    





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