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ARMY | DRB | CY2003 | 2003087276
Original file (2003087276.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): 890327

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:
                            AAM (1stOLC)
a. Period entered for: 3 Years GCMDL
b. Entry date: 860919 ASR
c. Age: 21 Years DOB: 650619 C/Ach (6)
d. Educational level: HS Grad C/A
e. Aptitude area score: L/A (1)
          GT: 100 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 6 Month(s) 9 Day(s)

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 890202-890205;

         Mil conf 0

         Civil conf 0

         Other 0


6. Nonjudicial punishment:

         Date     Offense(s)
         890215   AWOL, (890202-890205) and disobeyed a lawful command from a CPT (890213).

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       831007   860918   Honorable



PART IV - PREHEARING REVIEW

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

a. Evidence of record shows that on 13 March 1989, the applicant was barred to reenlistment. On 14 March 1989, the applicant reviewed and acknowledged receiving a copy of unit commander’s recommendation and declined to submit a statement in his own behalf. The separation authority approved the bar to reenlistment and directed applicant be advised that should he feel he will be unable to overcome the bar to reenlistment he may request immediate discharge under the provisions of Chapter 16, AR 635-200. On 20 March 1989, the applicant requested discharge under the provisions of Chapter 16, AR 635-200, locally imposed bar to reenlistment. The unit commander recommended approval. On 23 March 1989, the separation authority directed that the applicant be discharged with a characterization of service of honorable.

         b. On 27 March 1989, the applicant was discharged. At the time of discharge, the applicant had completed 2 years, 6 months, and 9 days of active military service and accrued 3 days of lost time in the period under review and had a total of 5 years, 5 months and 21 days of active military service.

         c . In reviewing the applicant’s record, the Board noted that block 27 (Reenlistment Code) of his DD Form 214 erroneously reflects "RE-4" and requires an administrative correction. The Board will direct ARBA Support Division St. Louis to correct block 27 to reflect "RE-3" and issue the applicant a new DD Form 214.

 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 030311, with twenty-seven (27) 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 10 September 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: ( 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.

 (1) The issue is rejected . The Board carefully examined the applicant’s record of service for the period of enlistment under review. The evidence of record shows that on 13 March 1989 the applicant was barred from reenlistment for misconduct. On 20 March 1989, the applicant, having determined that he was unable to overcome the local bar to reenlistment, requested immediate separation under the provisions of Chapter 16, Paragraph 16-5b, AR 635-200, by reason of a locally imposed bar to reenlistment. The applicant authenticated a request for separation with his signature in which he indicated that he understood that once separated, he would not be permitted to reenlist and would be ineligible for further service. The applicant’s request for separation was subsequently approved and the applicant was honorably discharged. The Board found the reason for discharge to be both proper and equitable and 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       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 12 September 2003

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: Administratively correct block 27 of the applicant’s DD Form 214 to reflect "RE-3" and issue him a new DD Form 214.
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: 2003087276 INDEX NUMBERS: A9217
Date of Review: 030910 A0113
Character of Service: HD
Date of Discharge: 890327
Authority: AR 635-200 C16
Reason: AO720
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    






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