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):  010822

3.  Authority for separation:

	a.  Regulation:  Chapter 19-12, AR 635-200

	b.  Reason:  Non-Retention on Active Duty

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          MSM           NCOPDR(2)       
a.  Period entered for:  4  Years              ARCOM(2)      ASR
b.  Entry date:  000719                        AAM(4)        OSR
c.  Age:  32  Years   DOB:  681103             GCMDL(3)      NM              
d.  Educational level:  HS Grad                NDSM          C/Ach(4)        
e.  Aptitude area score:                       AFEM
	    GT:  108                               3.  Highest grade achieved:
    f.  Length of Service:                         E6
          1  Year(s)  1  Month(s)  3  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	861015	900419	Honorable
	RA	900420	951220	Honorable
	RA	951221	970714	Honorable
	RA	970715	000719	Honorable





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 31 August 2000, the CY96 Master Sergeant Selection/Sergeant QMP Board notified the applicant after a comprehensive review of his Official Military Personnel File (OMPF) determined that he was to be barred from reenlistment.  On 12 November 2000 the applicant submitted an appeal to the DA Standby Board.  On 9 April 2001, the applicant was notified that his appeal was disapproved and that he was to be discharged without entitlement to an Administrative Separation Board within 90 days after receiving pre-separation counseling or at ETS if the soldier had less than 120 days to ETS.  On 22 August 2001, the applicant was discharged under the provisions of AR 635-200, Chapter 19-12 by reason of non-retention on Active Duty with a characterization of service of honorable.  

	b.  On 22 August 2001, the applicant was discharged.  At the time of discharge, the applicant had completed 1 year, 1 month, and 3 days of active military service in the period under review and had a total of 14 years, 10 months, and 7 days of active military service.  

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l9-12 of this regulation sets forth the requirements for early separation of enlisted personnel whose performance, conduct, and/or potential for advancement do not meet Army Standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening.  Chapter 19-12 provides the policy & procedures for involuntary discharge for soldiers who choose not to appeal the QMP Selection for denial of continued service, or who appeals are denied.


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 011115, with six (6) 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 6 March 2002.

	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)  The issue is rejected.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  The evidence of record shows that the applicant was honorably discharged under the provisions of Chapter 19-12, AR 635-200, by reason of “non-retention on active duty” due to a DA imposed bar to reenlistment.  The applicant was properly notified as to the reasons of the DA imposed bar and was given the opportunity to appeal the bar prior to his separation.  His appeal was denied. 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.  This Board is neither empowered to remove a DA imposed bar to reenlistment nor change an RE code.  The applicant’s issue regarding entitlement to full separation pay is not within the purview of this Board and should be addressed by the Army Board for Correction of Military Records (ABCMR).  An application form is enclosed.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The Board, being convinced that the reason for the discharge was both proper and equitable, voted to deny relief. 

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:


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:  2002066664                    INDEX NUMBERS:  A0113
Date of Review:  020306                                   A9500
Character of Service:  HD                                 
Date of Discharge:  010822                                
Authority:  AR 635-200 C19                         
Reason:  A0720                                            
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