Application Receipt Date: 060518
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293.
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: NA
Discharge Received: Date: 001231
Chapter: 16-8 AR: 635-200
Reason: Reduction in Force
RE: SPD: JCC
Unit/Location: Headquarters and Headquarters Company, 5th Battalion, 52d Air Defense Artillery, Fort Bliss, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 961411/Disrespectful in deportment towards a first sergeant, and disobeying a lawful order (961010)/Field Grade
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 670828
Current ENL Date: 961004 Current ENL Term: 06 Years ?????
Current ENL Service: 04 Yrs, 02Mos, 28Days ?????
Total Service: 14 Yrs, 03Mos, 06Days ?????
Previous Discharges: RA-860926-890312/HD
RA-890313-930815/HD
RA-930816-961003/HD
Highest Grade: E6
Performance Ratings Available: Yes No
MOS: 92G30 (Food Service Specialist) GT: 95 EDU: 2 yr Coll Overseas: Alaska, Hawaii Combat: None
Decorations/Awards: ARCOM, AAM (8th Award), AGCM (4th Award), NDSM, AFEM, NCOPDR, ASR, OSR (2nd Award)
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that the Department of the Army imposed a Bar to Reenlistment under the Qualitative Management Program (QMP). The CY99 Sergeant First Class/ANCOC Promotion/Selection Board, after comprehensive review of the applicants OMPF, determined that he be barred from reenlistment. In a memorandum dated 30 August 1999, the applicant was notified of the DA Imposed Bar to Reenlistment, explained the available options, and advised of his rights to appeal this decision. Documentation verifying acknowledgment of the notification by the applicant is not in the records available to the Board and Government regularity in the discharge process is presumed. The record does contain evidence that the applicant formally appealed the DA Imposed Bar to Reenlistment under the Qualitative Management Program on or about 10 November 1999. The recommendations of the applicant's chain of command are not available for review. On 31 August 2000, the applicant was notified that a recent DA Standby Advisory Board reviewed the applicants appeal of the DA Imposed Bar to Reenlistment, disapproved it, and stated that the bar would remain in effect. The DA Advisory Board also recommended the applicant be separated from the service under the provisions of Chapter 16-8, AR 635-200, Reduction in Force, with an honorable discharge. On 4 October 2000, DA, HQ; US Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas, Orders 278-0011 discharged the applicant from the Regular Army, effective 31 December 2000.
b. Legal Basis for Separation:
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.
c. Response to Issues, Recommendation and Rationale:
The evidence of record shows that the applicant was separated from the Army under the provisions of Chapter 16-8, AR 635-200, due to a HQDA imposed bar to reenlistment. The record contains a properly constituted DD Form 214 which shows the applicants narrative reason for separation as Reduction in Force with the appropriate Separation Program Designator (SPD) code of JCC. Individuals are assigned Reentry Eligibility (RE) codes based on their service records or the 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 nonwaivable disqualification (i.e. HQDA bar to reenlistment) and that he is ineligible for enlistment. Accordingly the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 28 March 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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 applicants record of service during the period of enlistment under review and considering the analysts 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: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 2 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060007078
Applicant Name: Mr.
______________________________________________________________________
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