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):  960731

3.  Authority for separation:

      a.  Regulation:  Chapter 16-8, AR 635-200

      b.  Reason:  Reduction in Force

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AAM(4th Awd)    ASR
    a.  Period entered for:  5 Years               ARCOM(3rd Awd)  OSR
    b.  Entry date:  940927                        GCMDL(3rd Awd)  KLM(SA)
    c.  Age:  29 Years   DOB:  650712              NDSM           KLM(K)


    d.  Educational level:  HS Grad                SWASMw/1BSS


    e.  Aptitude area score:                       NCOPDRw/Num2
          GT:  122                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          1 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


Other discharge(s):

      Service    From  To    Type Discharge
      RA    830830    860625 Honorable
      RA         860626    881122       Honorable
      RA         881123    910903       Honorable
      RA         910904    940926       Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 8 September 1995, the CY95
Sergeant First Class/ANCOC Promotion/Selection Board, after a comprehensive
review of his Official Military Personnel File (OMPF), notified the
applicant that under the Department of the Army Qualitative Management
Program he was to be barred from reenlistment.  On 16 October 1995, the
applicant appealed the DA imposed bar to reenlistment to the US Army
Enlisted Record and Evaluation Center (USAEREC).   On 19 March 1996, the
applicant was notified that the DA Standby Advisory Board denied his
appeal.  USAEREC directed that the applicant be discharged under the
provisions of Chapter 16, Paragraph 16-8, AR 635-200, by reason of
“Reduction in Force,” with a corresponding separation program designator of
“JCC,” and an RE code of “4.”  The separation authority directed that the
applicant be discharged with a characterization of service of honorable.
The applicant was also entitled to half separation pay.

      b.  On 31 July 1996, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 10 months, and 4 days of
active military service in the period under review and had a total of 12
years, 11 months and
1 day of active military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
provides the basic authority for the separation of enlisted personnel.
Paragraph 16-8 of this regulation sets forth the requirements for early
separation of enlisted personnel due to reduction in force, strength
limitations, or budgetary constraints.  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 030530.
      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, D.C. on 11 February
2004.

      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 16, Paragraph 8, AR 635-200, by reason of
reduction in forces under the 1995 Department of the Army Qualitative
Management Program.   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.  The applicant’s appeal was denied, and the applicant
was involuntarily separated under the above-directed program.  The
applicant requests that his separation program designator (SPD) be changed
to reflect that he was voluntarily discharged.  However, the record clearly
shows that the applicant was involuntarily separated under the Army
Qualitative Management Program and, in accordance with his type of
discharge he was assigned the appropriate SPD code.  Further, the applicant
was appropriately assigned an RE code of 4, which indicates that the
applicant was separated from his last period of service with a
disqualification which cannot be waived and he is ineligible 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 discharge and the characterization of service were 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:




MARY E. SHAW
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:  2003091445                    INDEX NUMBERS:  A9455
Date of Review:  040211                                   A9217
Character of Service:  HD                                 A0113
Date of Discharge:  960731
Authority:  AR 635-200 C16
Reason:  A0500
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