Application Receipt Date: 060914
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: 920115
Discharge Received: Date: 920122
Chapter: 16-5(b) AR: 635-200
Reason: Locally Imposed Bar to Reenlistment
RE: SPD: KGF
Unit/Location: B Battery, 6th Battalion, 32d Field Artillery, Fort Sill, OK 73503
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 711219
Current ENL Date: 910215 Current ENL Term: 04 Years ?????
Current ENL Service: 00 Yrs, 11Mos, 08Days ?????
Total Service: 00 Yrs, 11Mos, 08Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 13M10 (Multi Launch Rocket Systems Crewmember) GT: 111 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR, NDSM
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 on 30 December 1991, the applicant was barred to reenlistment. On 30 December 1991, the applicant reviewed and acknowledged receiving a copy of the unit commanders recommendation and declined to submit a statement in his own behalf. On 6 January 1992, the separation authority approved the bar to reenlistment and directed the applicant be advised that should he feel he will be unable to overcome the bar to reenlistment, he may request immediate discharge under the provisions of Chapter 16, AR 635-200. The applicant elected not to appeal the bar to reenlistment. On 15 January 1992, the applicant requested discharge under the provisions of Chapter 16, AR 635-200, locally imposed bar to reenlistment. The unit commander recommended approval. On 16 January 1992, the intermediate commander reviewed the proposed discharge action and recommended approval. The separation authorities memorandum directing discharge and characterization of service is not a part of the available records and the analyst presumed Government Regularity in the discharge process.
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 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the issues he submitted, the analyst found no mitigating factors that would merit a change to the applicants narrative reason for discharge. The analyst noted that the applicant was voluntarily separated under the provisions of Chapter 16, Paragraph 5, AR 635-200 by reason of failure to overcome a locally imposed bar to reenlistment with an honorable characterization of service. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Locally Imposed Bar to Reenlistment", and the separation code is "KGF." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, the analyst determined that the narrative reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 10 October 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 0 No change 0 - Character
Change 0 No change 5 - 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 to deny relief.
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:
CHRISTINE U. MARTINSON DATE: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060013031
Applicant Name: Mr.
______________________________________________________________________
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