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):  890901

3.  Authority for separation:

      a.  Regulation:  Chapter 16, AR 635-200

      b.  Reason:  HQDA 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:
                                           ARCOM
    a.  Period entered for:  3 Years               AAM(2nd Awd)
    b.  Entry date:  871113                        GCMDL(3rd Awd)
    c.  Age:  31 Years   DOB:  560809              NCOPDR


    d.  Educational level:  HS Grad                ASR


    e.  Aptitude area score:                       OSR(3rd Awd)
          GT:  95                                3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          1 Year(s)  9 Month(s)  18 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    750908    780319 Honorable
      RA         780320    811122       Honorable
      RA         811123    871112       Honorable



                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 14 October 1988, Dept. of the
Army Memorandum, notified the applicant that the DA Selection Board, after
comprehensive review of applicant’s OMPF, determined that he be barred from
reenlistment, and advised him of his rights to appeal this decision.   On 3
November 1988, the applicant’s command notified him of the DA bar to
reenlistment, explained the available options, and counseled the applicant
of his rights.  The applicant acknowledged notification, consulted counsel
and submitted an appeal to the DA imposed bar.  On 5 April 1989, the DA
Standby Advisory Board denied the applicant’s appeal.  On 23 July 1989, the
applicant requested discharge under the provisions of Chapter 16-5, AR 635-
200, for HQDA imposed bar to reenlistment.  The unit commander recommended
approval.  On 4 August 1989, the separation authority directed that the
applicant be discharged with a characterization of service of honorable.

      b.  On 1 September 1989, the applicant was discharged.  At the time
of discharge, the applicant had completed 1 year, 9 months, and 18 days of
active military service in the period under review and had a total of 13
years,
11 months and 23 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 030707.
      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 28 January
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 5, 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.  The applicant’s appeal was denied, and
the applicant voluntarily requested separation because he believed he could
not overcome the DA imposed bar to reenlistment.  The Board is not
empowered to remove a DA imposed bar to reenlistment.  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.  Finally, the Board found no evidence that the DA imposed bar
was racially motivated.  The evidence of record shows the bar was based
upon nonjudicial punishment received by the applicant during his service
career for illegal possession of marijuana, violating a general regulation,
assaulting another soldier, and failing to be at his appointed place of
duty.  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 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:  2003093258                    INDEX NUMBERS:  A9417
Date of Review:  040128                                   A0113
Character of Service:  HD
Date of Discharge:  890901
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.      PO           X                 X