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ARMY | DRB | CY2004 | AR2004103128
Original file (AR2004103128.doc) Auto-classification: Approved




                         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):  030411

3.  Authority for separation:

      a.  Regulation:  Chapter 16, Paragraph 16-6, AR 635-200

      b.  Reason:  Insufficient Retainability (Economic Reasons)

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AAM             ASR
    a.  Period entered for:  3 Years (Ext 6 Mos)   GCMDL           OSR
    b.  Entry date:  991014                        NDSM            KLM (SA)
    c.  Age:  31 Years   DOB:  680915              SWASM w/3BSS    KLM (K)
    d.  Educational level:  HS Grad                NCOPDR-2
    e.  Aptitude area score:
          GT:  102                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          3 Years  5 Months  28 Days

                                               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    861022     900930     Honorable
      RA    901001     940930     Honorable
      USAR  941001     991013     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 in the available records.  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 discharged under the provisions of Chapter 6,
Paragraph 16-6, AR 635-200 by reason of insufficient retainability
(economic reasons), with a characterization of service of honorable, with a
separation code of JBM, and an RE code of 3.

      b.  On 11 April 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 5 months, and 28 days of
active military service in the period under review and had a total of 16
years, 6 months, and 1 day 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 16-6 applies to personnel who become medically or
administratively disqualified for duty in their MOS, and who do not intend
to reenlist, may be separated prior to expiration of term of service.
Separation is voluntary.  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 040121, with three (3) 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 6 October
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)  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.  However, 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 that the applicant was voluntarily discharged
under the provisions of Chapter 16, Paragraph 16-6 (Early separation due to
disqualification for duty MOS), AR 635-200, by reason of “Insufficient
Retainability (Economic Reasons)” with a characterization of service of
honorable.  In the absence of evidence 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.  Notwithstanding the aforementioned, in the processing of this
case the Board determined that block 27 (Reentry Code) of the applicant’s
DD Form 214 erroneously reflects "3" and requires an administrative
correction.  The Board will direct ARBA Support Division St. Louis to
correct block 27 to reflect "1" and issue the applicant a new DD Form 214.
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

TO: ARBA Support Division-St Louis      Date:  8 October 2004

     The Army Discharge Review Board, established under the provisions of
Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as
Title 10, United States Code, Section 1553, in the case of the applicant
named in Part I directs that the ARBA Support Division-St Louis issue a new
DD Form 2l4 to the applicant which reflects the following directed
change(s):

           ( X ) Other (see remarks below).

Remarks:  The Board determined that block 27 (Reentry Code) of the
          applicant’s DD Form 214 erroneously reflects "3" and requires an
          administrative correction.  ARBA Support Division St. Louis is
          directed to correct block 27 to reflect "1" and issue the
          applicant a new DD Form 214.

                          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:  2004103128                    INDEX NUMBERS:  A0143
Date of Review:  041006                                   A0113
Character of Service:  HD
Date of Discharge:  030411
Authority:  AR 635-200 C16
Reason:  A0710
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       






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