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ARMY | DRB | CY2006 | AR20060015156
Original file (AR20060015156.txt) Auto-classification: Denied
Application Receipt Date: 061025	

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: 990712
Discharge Received:     Date: 990902   
Chapter: 6    AR: 635-200
Reason: Hardship
RE:     SPD: MDB
Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 23d Infantry, Fort Lewis, WA  98433-9500 

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:  790920  
Current ENL Date: 981104    Current ENL Term: 04 Years  17 Weeks
Current ENL Service: 00 Yrs, 09Mos, 29Days ?????
Total Service:  00 Yrs, 09Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 11C10 (Indirect Fire Infantryman)   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR
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 12 July 1999, the applicant requested discharge under the provisions of Chapter 6, AR 635-200, by reason of hardship/dependency of family member.  The unit commander recommended approval.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a honorable discharge.  On 24 July 1999, the separation authority directed that the applicant be discharged with a characterization of service of honorable.

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 6-3a provides for the separation of Soldiers because of dependency.  Dependency exists when death or disability of a member of a Soldier's (or spouse's) immediate family causes that member to rely upon the Soldier for principal care or support.  If the Soldier is beyond entry-level status, service will be characterized as honorable or under honorable conditions as set forth in Chapter 3, section II.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant's military records, the analyst found no mitigating factors that would merit a change to the applicant's reentry eligibility (RE) code.  Individuals are assigned RE codes based on their service records or the reason for discharge.  The applicant was appropriately assigned an RE code of 3.  An RE code of 3 indicates that the applicant requires a waiver prior to being allowed to reenlist.  Additionally, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Armed Forces at the time, and are required to process waivers of RE codes.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
      
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 November 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 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 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: 28 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060015156

Applicant Name:  Mr.       
______________________________________________________________________


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