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ARMY | DRB | CY2000 | 2000048088
Original file (2000048088.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 900928

3. Authority for separation:

         a. Regulation: Chapter 16, AR 635-200

          b. Reason: Reduction in Authorized Strength
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: 6 Years C/Ach
b. Entry date: 880908
c. Age: 30 Years DOB: 571218
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 114 3. Highest grade achieved:
f. Length of Service: E5
2 Year(s) 0 Month(s) 21 Day(s)

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
         USAR     770106   770214   NA
         RA       770215   790924   Honorable
         RA       790925   850923   Honorable
         RA       850924   880907   Honorable
        




PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that the Dept. of the Army Memorandum: Imposed Bar to Reenlistment under the Qualitative Management Program (QMP). The CY89 Master Sergeant Selection Board, after comprehensive review of the applicant’s OMPF, determined that he be barred from reenlistment, and advised him of his rights to appeal this decision. On 31 October 1989, the applicant was notified of the DA Imposed Bar to reenlistment, explained the available options, and advised of his rights. On 4 November 1989, the applicant acknowledged notification, consulted legal counsel and stated that he would submit an appeal. The unit commander and the intermediate commanders recommended removal of the bar to reenlistment imposed under the Qualitative Management Program. The applicant formally submitted an appeal of his DA Imposed Bar to Reenlistment, under the Qualitative Management Program. The intermediate commanders reviewed the appeal of the Department of the Army Imposed Bar to Reenlistment under the Qualitative Management Program and recommended removal of the bar to reenlistment. On 8 February 1990, the separating authority recommended removal of the bar to reenlistment. On 20 June 1990, the Dept. of the Army Advisory Board reviewed the applicant’s appeal of the DA Imposed Bar to Reenlistment, and disapproved the applicant’s appeal and stated that the bar would remain in effect. The DA Advisory Board also recommended the applicant be separated from the service under the provisions of Chapter 16-8, AR 635-200, Reduction in Authorized Strength Qualitative Early Transition Program with an honorable discharge. On 12 September 1990, DA, HQ; 25 th Infantry Division (Light) Schofield Barracks; Hawaii, Orders 226-128 discharged the applicant from the Regular Army.

         b. On 28 September 1990, the applicant was discharged. At the time of discharge, the applicant had 2 years, and 21 days, service on his current enlistment and 13 years, 7 months and 14 days, total time in service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints. 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 001002, with nine (9) 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:
         ( ) Records review ( X ) Hearing

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

         c. Review/hearing location and date: Washington, DC on 6 November 2000 .

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

          e. Applicant testified: ( X ) Yes ( ) 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.

 (2) and (3) The issues are rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review and heard his testimony. The evidence of record shows that the applicant was separated from the Army under the provisions of Chapter 16-8, AR 635-200, due to a HQDA imposed bar to reenlistment. The record contains a properly constituted DD Form 214 which shows the applicant’s narrative reason for separation as “reduction in assigned strength” with the appropriate Separation Program Designator (SPD) code of “JCC.” Individuals are assigned Reentry Eligibility (RE) codes based on their service records or the reason for discharge. The applicant was appropriately assigned an RE code of 4 which indicates that he was separated from his last period of service with a nonwaivable disqualification (i.e. HQDA bar to reenlistment) and that he is ineligible for enlistment. The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.

(1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) The issues are rejected. The matters addressed in these issues are not within the purview of the ADRB and should be addressed by the Army Board for Correction of Military Records (ABCMR). A DD Form 149 (i.e., application to the ABCMR) is included for the applicant’s use.

 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       

                                 
Ms. McKim-Spilker
Case Reviewing Official 

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

Approval Authority:


WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




EARNEST C. SMITH, JR.
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: 2000048088 INDEX NUMBERS: A0720
Date of Review: 001106 A0500
Character of Service: HD A9445
Date of Discharge: 900928 A0100
Authority: AR 635-200 C16
Reason: A0400
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. COL ECKER, FRANK B.  Mbr      X          X    

5.      PO      X          X    






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