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):  920316

3.  Authority for separation:

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

      b.  Reason:  Reduction in Authorized Strength-Qualitative Early
            Transition Program

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM              OSR
    a.  Period entered for:  3 Years               AAM(5th Awd)
    b.  Entry date:  910529                        GCMDL(3rd Awd)
    c.  Age:  30 Years   DOB:  610204              NDSM


    d.  Educational level:  HS Grad                NCOPDRw/Num2


    e.  Aptitude area score:                       ASR
          GT:  110                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          0 Year(s)  9 Month(s)  14 Day(s)


                                               4.  Performance evaluations:

                                                   See OMPF (microfiche)

                         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    800808     830210     Honorable
      RA    830211     880816     Honorable
      RA    880817     910528     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 1 November 1991, the CY91 Master
Sergeant Selection/Sergeant QMP Board notified the applicant, after a
comprehensive review of his Official Military Personnel File (OMPF), that
he was to be barred from reenlistment.  The DA bar to reenlistment was
based on a 1983 Article 15 he received for disrespect to a commissioned
officer and a General Officer Letter of Reprimand he received on 2 November
1989 for driving while intoxicated.  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 discharged under the provisions of Chapter 16-8, AR 635-200 by
reason of reduction in authorized strength-qualitative early transition
program, with a characterization of service of honorable.  He was assigned
an RE code of 4 and received severance pay in the amount of $9,936.

      b.  On 16 March 1992, the applicant was discharged.  At the time of
discharge, the applicant had completed 9 months and 18 days of active
military service in the period under review and had a total of 11 years, 7
months and
9 days 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 040506, with multiple 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, D.C. on 5 January
2005.

      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.

        (1-3)  The issues are rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 The available evidence of record shows that the applicant was honorably
discharged under the provisions of Chapter 16-8, AR 635-200, by reason of
“reduction in force“ due to a DA imposed bar to reenlistment.  The
applicant was properly notified as to the reasons of the DA imposed bar and
would have been given an opportunity to appeal the bar prior to his
separation.  The applicant provided no independent corroborating evidence
demonstrating that the command’s action was erroneous.  The RE code is
based on the applicant’s reason for discharge.  The applicant was
appropriately assigned an RE code of 4, which indicates that he was
separated from his last period of service with a disqualification which
cannot be waived and he is ineligible for reenlistment.  This Board is not
empowered to remove a DA imposed bar to reenlistment and this issue must be
addressed to the Army Board for Correction of Military Records (ABCMR).
The applicant has already included an application to the ABCMR, and his
records will be forwarded to that Board for further disposition.  The
Board, being convinced that the reason for the 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
                  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

                          
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:  20040000858                   INDEX NUMBERS:  A9221
Date of Review:  050105                                   A9445
Character of Service:  HD                                 A0101
Date of Discharge:  920316
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. LTC PROCTOR, ESMERALDA G.  Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X