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ARMY | DRB | CY2001 | 2001052683
Original file (2001052683.rtf) Auto-classification: Approved
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): 951118

3. Authority for separation:

         a. Regulation: Chapter 16, AR 635-200

          b. Reason: Insufficient Retainability (Economic Reasons)
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM (3rdAwd)
a. Period entered for: 5 Years (12-mos. ext.)AAM(8thAwd)
b. Entry date: 901212 (901210) GCMDL(3rdAwd)
c. Age: 22 Years DOB: 680815
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 117 3. Highest grade achieved:
f. Length of Service: E5
4 Year(s) 11 Month(s) 7 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
         RA       860702   901211   Honorable



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 28 June 1995, the applicant requested early separation under the provisions of Chapter l6, AR 635-200, by reason of insufficient retainability (economic reasons), with an adjusted ETS date of: 951118 and requested 21 days of transition leave. He was advised of his rights. The applicant consulted with counsel, was advised of the impact of the discharge action, and waived all separation benefits to which he may have been entitled. The unit commander recommended approval. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action. On 23 August 1995, DA, HQ, Fort Carson and HQ, 4 th Infantry Division (Mechanized) Fort Carson, CO; Orders 235-0014 discharged the applicant from the Regular Army, effective date: 18 November 1995.

         b. On 18 November 1995, the applicant was discharged with an honorable discharge. At the time of discharge, the applicant had completed 4 years, 11 months, and 7 days of active military service in the period under review and had a total of 9 years, 4 months, and 17 days of active military service.

2. Legal/Regulatory Basis for Separation Action : Army regulation 600-200, Chapter 16 Paragraph 11 prescribes the policies and procedures governing the voluntary request for separation and discharge of Army enlisted personnel. Chapter 16, Paragraph 11 outlines the rules for processing request for separation for insufficient retainability (economic reasons).
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 001127, with five (5) 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, DC on 21 March 2001 .

         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: (3) The narrative reason for discharge is inequitable.

         b. Request: ( X ) Recharacterization ( ) 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.

 (3) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The evidence shows that the applicant was properly discharged under the provisions of Chapter 16, AR 635-200, by reason of insufficient retainability (economic reasons), because he lacked sufficient service time for reassignment upon his return from Germany and because he chose not to reenlist. Chapter 16, paragraph 11, then in effect, essentially allowed a service member the benefit of voluntarily requesting early separation when it would not have been cost effective to the government to reassign the individual for a short period of time prior to the termination of obligatory service. In view of this mutual benefit, and in keeping with the applicant’s exemplary record of service to his country, the Board determined that the narrative reason for discharge is now inequitable. Accordingly, the Board voted to change the narrative reason for discharge to Secretarial Authority.
Counsel Issue:
(2) See Paragraph 3, below.

 Applicant Issue:
(1) See Paragraph 3, below.

3. Response(s) to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant the full relief requested, response to the remaining issues is 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                       .

         ( )      Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to Secretarial Authority
                  under Chapter 5, AR 635-200 .
         ( )      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 5 0
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

 TO: ARBA Support Division-St Louis Date: 23 March 2001

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 )   Change reason and authority for discharge to
        Secretarial Authority, AR 635-200.
SECTION B - CERTIFICATION

Approval Authority:


GERARD W. SCHWARTZ
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: 2001052683 INDEX NUMBERS: A9456
Date of Review: 010321 A1200
Character of Service: HD
Date of Discharge: 951118
Authority: AR 635-200 C16
Reason: A0400
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.      PO  X             X    






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