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):  920617

3.  Authority for separation:

      a.  Regulation:  Chapter 16, Paragraph 16-5b, 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:
                                           GCMDL
    a.  Period entered for:  4 Years               NDSM
    b.  Entry date:  890627                        SWASM w/3BSS
    c.  Age:  20 Years   DOB:  680728              ASR
    d.  Educational level:  HS Grad                KLM
    e.  Aptitude area score:
          GT:  111                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          2 Years  11 Months  21 Days

                                               4.  Performance evaluations:

                                                   See OMPF (fiche)

                         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
      USAR  860328     870803     NA
      ADT   870804     881214     Honorable
      USAR  881215     890626     NA



                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances leading to the applicant’s
discharge are not contained in the available records.  Evidence of record
shows that on 16 July 1992, Orders 139-18, DA, 5th Personnel Service
Company, Fort Polk, Louisiana, released the applicant from the Regular
Army, effective date: 17 June 1992, and assigned him to the United States
Army Reserve Control Group (Reinforcement), St Louis, Missouri, to complete
his remaining service obligation.  The record contains a properly
constituted DD form 214 (Certificate of Release or Discharge from Active
Duty), which was authenticated by the applicant’s signature.  His DD Form
214 indicates that he was released under the provisions of Chapter 16,
paragraph 16-5b, AR 635-200, by reason of locally imposed bar to
reenlistment, with a characterization of service of honorable.

      b.  On 17 June 1992, the applicant was released from active duty.  At
the time of release, the applicant had completed 2 years, 11 months, and 21
days of active military service in the period of service under review and
had a total of 6 years, 2 months, and 21 days of total 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 040521, with no 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 12 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:  ( X ) 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)  The issue is rejected.  The applicant’s record is void of the
specific facts and circumstances concerning the events that led to a
discharge from the Army.  The Board noted that the applicant’s record
contains a properly constituted DD Form 214 (Certificate of Release or
Discharge from Active Duty), which was authenticated by the applicant’s
signature.  This document identifies the reason and characterization of the
discharge and the Board presumed Government regularity in the discharge
process.  The evidence of record shows the applicant was discharged under
the provisions of Chapter 16, Paragraph 16-5b, AR 635-200, by reason of a
locally imposed bar to reenlistment with an honorable characterization of
service and a reentry eligibility (RE) code of “3.”  In connection with
such a discharge, the applicant received a locally imposed bar to
reenlistment and perceiving that he could not overcome the bar voluntarily
requested immediate separation from service.  In the absence of information
to the contrary, 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.  Further, changes to RE codes do not
fall within the purview of this Board.  If the applicant desires to
reenlist, he should contact the local recruiter to determine his
eligibility to reenlist.  Those individuals can best advise a former
service member as to the needs of the Army at the time, and are required to
process waivers of RE codes.  The Board, being convinced that the reason
for 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:  20040001477                   INDEX NUMBERS:  A0143
Date of Review:  050112                                   A0113
Character of Service:  HD                                 A9445
Date of Discharge:  920617
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