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ARMY | DRB | CY1999 | AR1999024100
Original file (AR1999024100.rtf) Auto-classification: Approved
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): 880407

3. Authority for separation:

         a. Regulation: Chapter 16, AR 635-200

          b. Reason: Locally Imposed Bar to Reenlistment
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            GCMDL
a. Period entered for: 3 Years
b. Entry date: 870219
c. Age: 22 Years DOB: 650113
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 105 3. Highest grade achieved:
f. Length of Service: E4
1 Year 4 Months 19 Days

4. Performance evaluations:
NONE

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: Bar to Reenlistment (undated)
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         AR 830628 830922 NA
         RA 840430 870219 HD



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that on 7 January 1988 a bar to reenlistment certificate was approved on the applicant. On 19 December 1987, the applicant reviewed and acknowledged receiving a copy of unit commander’s recommendation and declined to submit a statement in his own behalf. On 10 March 1988, the applicant requested immediate separation from the Army, under the provisions of Chapter 16, AR 635-200, because he perceived that he would be unable to overcome the locally imposed bar to reenlistment. The unit commander recommended approval of applicant’s request for separation and it was approved by the separation authority who directed the applicant receive an honorable discharge (HD).

         b. On 7 April 1988, the applicant was discharged with an HD. At the time of his discharge the applicant had completed 1 year, 1 month, and 19 of his current enlistment and a total of 3 years, 11 months and 8 days of active military service.

          c. The applicant’s record shows that on 7 January 1988 he was barred from reenlistment based on his personal appearance; riding sick call without medical justification; inability to follow instructions; and possessing no potential for future service. On 10 March 1988 the applicant requested immediate discharge, under the provisions of chapter 16, AR 635-200 based on his perception that he would be unable to overcome the bar to reenlistment. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued the applicant at discharge assigned a Separation Program Designator Code of KGF, and a Reentry (RE) code of 4, which were both proper and equitable at the time. However, under current standards, contained in AR 635-5-1, SPD code KGH would be the appropriate code for soldiers separating under the provisions of AR 635-200, Chapter 16b by reason of a locally imposed bar to reenlistment. Further, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5 (Separation Documents), currently in effect, establishes RE Code 3 as the proper reentry code to assign soldiers separated for this reason.
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 discharges caused by changes in service obligations. Paragraph 16-5 applies to personnel denied reenlistment 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. Incident to the request the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted. 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 990302.
         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 21 April 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (2) The Separation Program Designator (SPD) code and
the Reentry (RE) code are inequitable under current
standards.
         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.

 (2) The issue is accepted. During the review of this case the Army Discharge Review Board (ADRB) discovered that, although the applicant was properly and equitably discharged under regulatory guidance in effect at the time, the SPD and RE codes assigned the applicant are inequitable under current standards. Regulations currently in effect list the RE code for soldiers separated under the provisions of chapter 16-5 of AR 635-200 as 3 and the SPD code as KGH. Accordingly, the Board voted to change the applicant’s RE code to 3 and SPD code to KGH.

(1) See Paragraph 3, below.



 3. Response to item not addressed as decisional issue:

Inasmuch as the Board voted to grant the relief requested by the applicant, responses to remaining issues are neither required nor rendered.

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

 TO: ARBA Support Division-St Louis Date: 23 April 1999

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

 ( X )    Other (see remarks below).
Remarks: Make the following current standard corrections to the applicant’s DD Form 214:
(1) Block 26 - As Reads: KGF Change To: KGH
 (2) Block 27 - As Reads: RE 4 Change To : RE 3


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: 1999024100 INDEX NUMBERS: A9218
Date of Review: 990421 A9402
Character of Service: HD A0100
Date of Discharge: 880407
Authority: AR 635-200 C16
Reason: A0702
Results of Board Action/
Vote/Affirmation: MD 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.      Mbr      X          X    

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