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):  950414

3.  Authority for separation:

      a.  Regulation:  Chapter 16, 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:
                                           NDSM
    a.  Period entered for:  5 Years               ASR
    b.  Entry date:  920792
    c.  Age:  19 Years   DOB:  721113
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  123                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Years  8 Months  16 Days

                                               4.  Performance evaluations:

                                                   NONE

                         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)
      950315     (NIF)  Applicant’s records contain a DA Form 4187
             (Personnel Action) reducing him from E4 to E3, effective
             950315, as a result of a vacated suspension of a previously
             administered Article 15.


7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  Locally imposed Bar to Reenlistment approved on 941212.


                       SECTION B - Prior Service Data
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that the unit commander initiated a
local bar to reenlistment on the applicant.   The applicant was advised of
his rights to appeal this recommendation.  On 8 December 1994, the
applicant acknowledged receipt of notification, did not submit a statement
in his own behalf, and elected not to submit an appeal.  On 12 December
1994, the approval authority approved the bar to reenlistment.  On 15 March
1995, the applicant voluntarily requested discharge under the provisions of
Chapter 16-5, AR 635-200,due to his inability to overcome his bar to
reenlistment.  The unit commander recommended approval.  On 29 March 1995,
the separation authority approved the applicant’s request and directed that
he be transferred to the Individual Ready Reserve (IRR) with a
characterization of service of honorable.

      b.  On 14 April 1995, the applicant was released from active duty and
assigned to the USAR Control Group, St Louis, MO to serve his remaining
statutory obligation.  At the time of separation, the applicant had
completed 2 years, 8 months, and 16 days of active military service in the
period under review.

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 031003, with seven (7) enclosures.
      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 30 June 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 parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1-3)  The issues are rejected.  The Board carefully examined the
available records for the period of enlistment under review.  There was a
full consideration of all faithful and honorable service.  However, the
available evidence of record shows that the applicant’s unit commander
initiated a local bar to reenlistment; the applicant acknowledged receipt
of notification; did not submit a statement in his own behalf, and elected
not to submit an appeal.  The appropriate authority approved the bar to
reenlistment.  Subsequently, the applicant voluntarily requested discharge
under the provisions of Chapter 16, Paragraph 16-5, AR 635-200,due to his
perception that he would be unable to overcome the bar to reenlistment.
The unit commander recommended approval and the separation authority
approved the applicant’s request and directed that he be transferred to the
Individual Ready Reserve (IRR) with a characterization of service of
honorable.  The Board found no evidence of arbitrary or capricious action
on the part of the applicant’s chain of command.  The Board noted that the
applicant underwent a separation physical examination that cleared him for
retention and or separation.  Furthermore, changing the applicant’s
narrative reason for separation to disability does not fall within the
purview of this Board.  If the applicant wishes to pursue this matter he
should address his concerns to the Army Board for Correction of Military
Records using the enclosed DD Form 149.  The Board, being convinced that
the reason for the discharge and the characterization of service were 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
                  1901 South Bell Street, 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

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
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:  2003097662                    INDEX NUMBERS:  A0113
Date of Review:  040630                                   A9217
Character of Service:  HD                                 A9321
Date of Discharge:  950414
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