Applicant Name:  ?????

Application Receipt Date: 081017	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 951221   Chapter: 16-8       AR: 635-200
Reason: Reduction in Force	   RE:     SPD: JCC   Unit/Location: HHC, 25th Inf Div Schofield Barracks, HI 

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:  40
Current ENL Date: 940614    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 6Mos, 7Days ?????
Total Service:  		14 Yrs, 9Mos, 26Days ?????
Previous Discharges: 	RA 810226-841125/HD
                                       RA 841126-900807/HD
                                       RA 900808-940613/HD
                                       
Highest Grade: E7		Performance Ratings Available: Yes    No 
MOS: 11B40 Infantryman   GT: 155   EDU: HS Grad   Overseas: Sinai/Korea/Saudi Arabia/Hawaii   Combat: Kuwait
Decorations/Awards: MSM, ARCOM-5, AAM-4, MUC, ARGCM-4, NDSM, AREM, SASM-2BSS, NCOPD-2, ASR, OSR, MFOM,  KLM, CIB

V.  Post-Discharge Activity
City, State:  Bloomington, IL
Post Service Accomplishments: Nothing stated by the Applicant

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However the Department of the Army Memorandum: Imposed Bar to Reenlistment under The Qualitative Management Program (QMP), the DA Selection Board's review of applicants Official Military Personnel File (OMPF), determining that he be barred from reenlistment, and advising him of his rights to appeal this decision  and 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 are part of the available record.  The applicant did not submit an appeal and the analyst presumed Government regularity in the discharge process.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 16-8, AR 635-200, by reason of reduction in force, with a characterization of service of honorable. Furthermore, the DD Form 214 shows a Separation Code of JCC (i.e., reduction in force), with a reenlistment eligibility (RE) Code of "4."

       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 available 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’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army.  The evidence of record shows that the applicant received a DA Imposed Bar to Reenlistment under the Qualitative Management Program (QMP) and did not appeal the action.  The applicant was discharged under the provisions of Chapter 16, paragraph 8, AR 635-200, by reason of reduction in force, with an honorable discharge.  Furthermore, the analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives.  At the time of discharge the narrative reason specified by Army Regulations for a discharge under this paragraph is "Reduction In Force" 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 was both proper and equitable and recommends to the Board to deny relief.  
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 090624         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA















VIII.  Board Discussion, Determination, and Recommendation
Notwithstanding the propriety of the applicant's discharge, after carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge is now inequitable.  The Board found that the overall length and quality of his service to include his combat service mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant full relief in the form to change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to "1."   
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(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: Secretarial Authority.
Other: RE code change										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080017971
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