Application Receipt Date: 060505	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated, "I am requesting for my seperation code and reetry code to be changed.  From AR 635-200, Para 16-SB and non-retention, to a completed term of service and retention to active duty.  January 2003, I received a notice stating that had been awarded a full term of service.  I feel that my 4, 6, 14 amendment rights have been violated.  Obviously the department of the U.S. Army, see discrepency in my file to have sent me such a notice, afther 5 years of being separated from the U.S. Army.  This seperation casued me a great deal of emotional, and mental stress.  My mind and heart was set on being a soldier.  Do to my incarceration I am unable to present the notice at this time, but I am sure if the department of the Army would check with the proper office that would have been responsible for such a statement awarding me a full 4 year term and a regular Honorable discharge, it would be found that I am correct.  Once located please send me a copy of this notice, so I can keep on hand."

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 961018
Discharge Received:     Date: 961203   
Chapter: 16-5B    AR: 635-200
Reason: Non-Retention on Active Duty
RE:     SPD: MGH
Unit/Location: Headquarters and Service Battery, 3rd Battalion, 27th Field Artillery Regiment (MLRS), Fort Bragg, North Carolina 28307-5000 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750415  
Current ENL Date: 931116    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 00 Mos, 18 Days ?????
Total Service:  3 Yrs, 00 Mos, 18 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 71M10, Chaplain Assistant   GT: NIF   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, NDSM, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 21 August 1996, the applicant was barred to reenlistment.  On 23 April 1991, the applicant reviewed and acknowledged receiving a copy of the unit commander's recommendation and submitted a statement in his own behalf.  On 13 May 1991, the separation authority approved the bar to reenlistment, and directed that the applicant be advised that should he feel he would be unable to overcome the bar to reenlistment, he may request immediate discharge under the provisions of Chapter 16, AR 635-200.  On 17 May 1996, the applicant requested discharge under the provisions of Chapter 16, AR 635-200, locally imposed bar to reenlistment.  On 17 May 1996, the unit commander recommended approval.  On 28 May 1996, the separation authority directed that the applicant be transferred to the Individual Ready Reserve (IRR), with a characterization of service of Honorable.  On 3 December 1996, the applicant was released from active duty and transferred to the IRR.
      
      
      
      
      

      b.  Legal Basis for Separation:  
      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(b) states, in pertinent part, that soldiers who perceive that they will be unable to overcome a locally imposed bar to reeenlistment may request immediate separation.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records for the period of enlistment under review, and the issue he submitted, the analyst recommends to the Board that the applicant’s request for a change to his narrative reason for discharge be denied.  The analyst noted that the unit commander properly initiated separation action under the provisions of Chapter 16, AR 635-200 by reason of locally imposed bar to reenlistment with an honorable characterization of service.  The applicant acknowledged that he understood that once separated, he would not be permitted to reenlist and that he would be ineligible for further military service.  The analyst found that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the SPD code for this type of discharge is normally KGF, with a reentry eligibility (RE) code of "4."  Therefore, the narrative reason for discharge and the separation code was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 7 March 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable, and voted not to change it.
























Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 8 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006391

Applicant Name:  Mr.        
______________________________________________________________________


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