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):  880715

3.  Authority for separation:

	a.  Regulation:  Chapter 16, AR 635-200

	b.  Reason:  DA 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(4thAwd)             
a.  Period entered for:  3  Years              NDSM
b.  Entry date:  860418                        NCOPDR(2)
c.  Age:  30  Years   DOB:  551109             ASR                       
d.  Educational level:  HS Grad                OSR(2)                    
e.  Aptitude area score:
	    GT:  98                                3.  Highest grade achieved:
    f.  Length of Service:                         E5
          2  Year(s)  2  Month(s)  28  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:  

	Date 	Offense(s)
	
	_________________________
	880415	Letter of Reprimand-Misconduct, operating a motor vehicle while under the influence of alcohol (880220)(administrative).


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	730531	760307	Honorable
	RA	760308	820608	Honorable
	RA	820609	860417	Honorable





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that the DA Selection Board, after comprehensive review of applicant’s OMPF, determined that he be barred from reenlistment.  On 10 September 1987, the Dept. of the Army imposed a bar to reenlistment under The Qualitative Management Program (QMP) and advised him of his rights to appeal this decision.   On 25 September 1987, the applicant’s commander notified him of the DA imposed bar to reenlistment, explained his available options, and counseled the applicant of his rights.  The applicant acknowledged notification, consulted with counsel and stated that he would submit an appeal.  On 29 June 1988, the applicant requested discharge under the provisions of Chapter 16, AR 635-200, for HQDA imposed bar to reenlistment.  The unit commander recommended approval.  On 30 June 1988, the separation authority directed that the applicant be discharged with a characterization of service of honorable.  

	b.  On 15 July 1988, the applicant was discharged.  At the time of discharge, the applicant had completed 2 years, 2 months, and 28 days of active military service in the period under review and had a total of 15 years, 1 month and 15 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 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 020816.
	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 22 January 2003.

	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 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 Board noted the applicant’s contention that he should not have an RE code of 4 because he served for over 14 years without incident.  However, the evidence of record shows that the applicant was honorably discharged under the provisions of Chapter 16, Paragraph 5a, AR 635-200, by reason of 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.  On 29 June 1988, the applicant voluntarily requested immediate separation after he determined that he was unable to overcome the bar to reenlistment.  The applicant indicated that he understood that once separated, he would not be permitted to reenlist at a later date.  This fact was stipulated in the separation documentation and acknowledged by the applicant.  In accordance with AR 635-5-1, the applicant was appropriately assigned a separation designator code of “KGF” for a DA imposed bar to reenlistment and an RE Code of 4.  An RE code of 4 means the applicant was discharged with a disqualification that cannot be waived and that he is not eligible for reenlistment.   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.  

	b.  Equity:	The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge.  The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional 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	

                          	
Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




JOHN F. LONG    
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:  2002079363                    INDEX NUMBERS:  A0101
Date of Review:  030122                                   A0113
Character of Service:  HD                                 A9500
Date of Discharge:  880715                                
Authority:  AR 635-200 C16                        
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. 	Mbr          X                 X