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ARMY | DRB | CY2003 | 2003088207
Original file (2003088207.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): 021020

3. Authority for separation:

         a. Regulation: Chapter 16-4, 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:
                            ARCOM                     NCOPDR
a. Period entered for: 3 Years AAM(8 th Awd)      ASR
b. Entry date: 991216 GCMDL(2d Awd)      OSR
c. Age: 24 Years DOB: 751013 NDSM                 KCMw/BSS
d. Educational level: HS Grad AFEM                NMw/BSS
e. Aptitude area score:  AFSM
          GT: 86 3. Highest grade achieved:
f. Length of Service: E5
2 Year(s) 10 Month(s) 4 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
NONE

Other discharge(s):

          Service   From      To        Type Discharge
         RA       960711 990324    HD
          RA                990325 991215             HD


PART IV - PREHEARING REVIEW

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

          a. Evidence of record shows that on 19 July 2002, DA, United States Army Europe, APO AE 09112, ORDERS 200-04 released applicant from active duty, effective 20 October 2002. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. His DD Form 214 indicates that he was released from active duty under the provisions of Chapter 16-4, AR 635-200 by reason of non-retention on active duty, with an honorable discharge, and reassigned to the USAR Control Group (Reinforcement). The specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records; however, the record shows that the applicant voluntarily signed a DD Form 4991-R (Declination of Continued Service Statement) on 25 June 2002.

         b. On 20 October 2002, the applicant was released from active duty. At the time of discharge, the applicant had completed 2 years, 10 months, and 4 days of active military service in the period under review and had a total of 6 years
13 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 16-4 provides that individuals who are serving on a second or subsequent enlistment who refuse to take action to meet military service remaining requirements by signing a DA Form 4991-R (Declination Continued Service Statement), may request voluntary separation. 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 030401, with one (1) 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 15 October 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 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 available record of service during the period of enlistment under review. The specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records; however, the record shows that the applicant voluntarily requested release from active duty by signing a DD Form 4991-R (Declination of Continued Service Statement) on 25 June 2002. Per his request, he was released from active duty and reassigned to the USAR Control Group. Individuals are assigned RE codes based on their service records or the reason for discharge. The applicant was appropriately assigned an RE code of 3. This Board found no bases upon which to change the applicant’s reason for discharge because it was properly based upon his declination of continued service and his voluntary request for release from active duty. An RE Code of 3 indicates that the applicant requires a waiver prior to being allowed to reenlist. If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes. The Board, being convinced that the reason for 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:


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: 2003088207 INDEX NUMBERS: A9445
Date of Review: 031015 A0101
Character of Service: HD A0113
Date of Discharge: 021020
Authority: AR 635-200 C16
Reason: A0700
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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