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):  910521

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:
                                           NDSM
    a.  Period entered for:  4 Years               ASR
    b.  Entry date:  890817
    c.  Age:  24 Years   DOB:  650710
    d.  Educational level:  14 Years
    e.  Aptitude area score:
          GT:  126                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Year  8 Months  4 Days

                                               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         910417-910418

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      Undated    Failed to go at the time prescribed to his appointed place
             of duty, to wit: 0730 company formation (901218)(Company
             Grade)
      910421     AWOL from (910417-910418)(Company Grade)


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 910430.


                       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 on 29 April 1991, the unit
commander notified the applicant of the initiation of a locally imposed bar
to reenlistment by reason of two Article 15s, failure to pay just debts,
and his failure to conform to military rules and regulations.  The
applicant was advised of his rights to appeal this recommendation.  On 29
April 1991, the applicant acknowledged receipt of notification, did not
submit a statement in his own behalf, and elected not to submit an appeal.
On 30 April 1991 the approval authority approved the bar to reenlistment
action.   On 2 May 1991, the applicant acknowledged receipt of the approved
bar to reenlistment.  On 8 May 1991, the applicant requested discharge
under the provisions of Chapter 16-5, AR 635-200, for a locally imposed bar
to reenlistment.  The unit commander recommended approval.  The separation
authority directed that the applicant be discharged with a characterization
of service of honorable.

      b.  On 21 May 1991, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 8 months, and 4 days of
active military service and accrued 2 days of lost time 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 031101, with one (1) 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:
         (   ) Records review             ( X ) Hearing

      b. Type Held:
         (   )Records review              ( X ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Tampa, FL on 17 May 2004.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   ( X ) Yes   (   ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    ( X ) Yes   (   ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  74 documents.
                        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.

        (1-9)  The issues are rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard his testimony.  There was a full consideration of all faithful
and honorable service as well as the infractions of discipline, the extent
thereof, and the seriousness of the offenses.  The evidence of record shows
that the applicant voluntarily requested discharge under the provisions of
Chapter 16, Paragraph 5, AR 635-200, after determining that he would be
unable to overcome a locally imposed bar to reenlistment.  The unit
commander complied with the applicant’s request and recommended approval of
his separation with an honorable discharge.  The Board found no evidence of
arbitrary or capricious actions by the command.  The Board was satisfied
that all requirements of law and regulation were met and that the rights of
the applicant were fully protected throughout the separation process.  The
Board is not empowered to waive the time in service requirements to become
eligible for benefits at the Department of Veterans Affairs (DVA).  The DVA
administers veteran’s benefits in accordance with its own policies and
regulations.  The applicant must address questions concerning his
entitlement to veteran’s benefits to the DVA.  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:


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:  2003098589                    INDEX NUMBERS:  A9217
Date of Review:  040517                                   A9241
Character of Service:  HD                                 A9455
Date of Discharge:  910521                                A0113
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