Applicant Name:  ?????

Application Receipt Date: 2008/02/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant. 

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 930615   Chapter: 16    AR: 635-200
Reason: Reduction in Authorized Strength	   RE:     SPD: JCC   Unit/Location: HHD, 43rd Signal Bn, APO AE 09102 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: 900613    Current ENL Term: 5 Years  ?????
Current ENL Service: 	03 Yrs, 00Mos, 03Days ?????
Total Service:  		15 Yrs, 04Mos, 14Days ?????
Previous Discharges: 	USAR-780202-780611/NA
                                       RA-780613-810121/HD
                                       RA-810122-831027/HD
                                       RA-831028-870115/HD
                                       RA-870116-900612/HD
Highest Grade: E-7		Performance Ratings Available: Yes    No 
MOS: 16P10 Chaparral Crewmember/74D40 Computer/Machine Operator/74F20 Programmer/Analyst    GT: 100   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: JSCM, JSAM, AAM, AGCM-5, NDSM, NCOPDR-3, ASR, OSR-3, PUC-A/AF, JMUA-2 

V.  Post-Discharge Activity
City, State:  Leiningen, Germany
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 10 July 1992, Department of the Army Memorandum:  Imposed Bar to Reenlistment under The Qualitative Management Program (QMP).  The DA Selection Board, after comprehensive review of applicants Official Military Personnel File (OMPF), determined that he be barred from reenlistment, and advised him of his rights to appeal this decision.  The intermediate commander's documentation notifying the applicant of the DA Imposed Bar to Reenlistment, explaining the available options, and counseling the applicant of his rights is not part of the available record and the analyst presumed Government regularity in the discharge process.  The applicant acknowledged notification, and submitted an appeal to his DA Imposed Bar to Reenlistment.  The applicant's chain of command recommended disapproval of the appeal of the DA Imposed Bar to Reenlistment under the Qualitative Management Program (QMP.)  On 15 March 1993, the separation authority disapproved the appeal of the DA Imposed Bar to Reenlistment and directed that the applicant be separated from the Army 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 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 unless an entry level separation is required by Chapter 3, section III.

       c.  Response to Issues, Recommendation and Rationale:  
       After careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for separation.  The applicant received a DA Imposed Bar to Reenlistment under the Qualitative Management Program (QMP) and appealed the action.  The applicant was discharged under the provisions of Chapter 16, AR 635-200, paragraph 8, by reason of reduction in authorized strength, with a honorable discharge.  Furthermore, the analyst noted the applicant's issues, however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of paragraph 16-8, AR 635-200.  At the time of discharge the narrative reason specified by Army Regulations for a discharge under this paragraph is "Reduction In Authorized Strength" and the separation code was "JCC."  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.  There is no provision for any other reason to be entered under this regulation.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  In view of the foregoing, the analyst determined that the narrative reason for discharge and the separation (SPD) code were both proper and equitable and recommends and recommends to the Board to deny relief.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 December 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 discharge was both proper and equitable and voted to deny relief.






 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002490
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