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
ARMY | DRB | CY2001 | 2001052683
Applicant Issue: (1) See Paragraph 3, below.3. Voting record: ChangeNo Change Reason 5 0 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. AR Number: 2001052683 INDEX NUMBERS: A9456 Date of Review: 010321 A1200 Character of Service: HD Date of Discharge: 951118 Authority: AR 635-200 C16 Reason: A0400 Results of Board Action/ Vote/Affirmation: MD 5-0 A Name Reason...
ARMY | DRB | CY2004 | AR2004099929
Remarks: NONE 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. Issue(s) of propriety and/or equity submitted by applicant or counsel. 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...
ARMY | DRB | CY2003 | 2003088824
On 27 January 1995, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2004 | AR20040004735
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. 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 TO: ARBA Support Division-St Louis Date: 25 February 2005 The Army Discharge Review Board, established under the provisions...
ARMY | DRB | CY2004 | AR20040001725
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. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official PART...
ARMY | DRB | CY2004 | AR2004106743
Evidence of record shows that on 1 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with a general, under honorable conditions discharge. The Board determined that the reason for discharge was both proper and equitable, and voted not to change it. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army...
ARMY | DRB | CY2005 | 20050007910
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. 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 TO: ARBA Support Division-St Louis Date: 9 December 2005 The Army Discharge Review Board, established under the provisions...
ARMY | DRB | CY2005 | AR20050005768
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. 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 TO: ARBA Support Division-St Louis Date: 16 December 2005 The Army Discharge Review Board, established under the provisions...
ARMY | DRB | CY2005 | 20050006369
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. 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 TO: ARBA Support Division-St Louis Date: 16 December 2005 The Army Discharge Review Board, established under the provisions...
ARMY | DRB | CY2005 | 20050000557
On 23 August 2004, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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 TO: ARBA Support Division-St Louis Date: 16 December 2005 The Army Discharge Review Board, established under...