PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  921215

3.  Authority for separation:

	a.  Regulation:  Chapter 16, AR 635-200

	b.  Reason:  Locally Imposed Bar to Reenlistment

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          BSMDL                       
a.  Period entered for: 4 Years                ARCOM(3rdAwd)
b.  Entry date: 900724                         AAM (4thAwd)      
c.  Age: 23  Years   DOB: 670530               SWASMDLw/3BSSS                                  
d.  Educational level:  HS Grad                KLMDL                                 
e.  Aptitude area score:
	    GT: 107                                3.  Highest grade achieved:
    f.  Length of Service:                         E5
         2 Year(s)  4 Month(s)  22 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	RA	860620	881020	Honorable
	RA	881021	900723	Honorable

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  On 19 October 1992, the applicant was barred from reenlistment.  On 3 November 1992, the applicant, perceiving that he would be unable to overcome the locally imposed bar to reenlistment, voluntarily requested separation under the provisions of Chapter 16, Paragraph 16-5, AR 635-200, by reason of a locally imposed bar to reenlistment.  The applicant’s unit commander recommended that the applicant’s request be approved.  The separation authority approved the applicant’s request for separation and directed that the applicant be released from active duty with an honorable characterization of service and be transferred to the Individual Ready Reserve (IRR).

	b.  On 15 December 1992, the applicant was released from active duty.  At the time of discharge, the applicant had 2 years, 4 months, and 22 days, service on his current enlistment and 6 years, 5 months and 16 days, total time in service.

2.  Legal/Regulatory Basis for Separation Action:  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.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 001219, with one (1) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 17 January 2001.

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

	b.  Request:  (   ) Recharacterization     ( X ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1)  The issue is rejected.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  There was a full consideration of all faithful and honorable service as well as the locally imposed bar to reenlistment.  The evidence of record shows that the applicant voluntarily requested separation from the Army, prior to the expiration of his term of service (ETS), under the provisions of Chapter 16, Paragraph 16-5, AR 635-200, by reason of a locally imposed bar to reenlistment due to his perception that he would be unable to overcome the bar.  The applicant’s unit commander recommended approval of the applicant’s request.  The separation authority approved the applicant’s request, issuance of an honorable characterization of service, and transfer to the Individual Ready Reserve (IRR).  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.  Notwithstanding the aforementioned, the Board noted that the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant at time of separation, erroneously reflects an “RE-4” in block number “27.”  The Board will direct ARBA Support Division St. Louis to correct block “27” to reflect an “RE-3.”

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .

	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                       
		under                                 .
	( X )	Both proper and equitable, but the reentry eligibility code for the separation cited was an administrative/clerical error and should be changed to “RE-3” under AR 635-5.

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MR. RIVERA                            
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  19 January 2001        

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

           ( X )	Other (see remarks below).

Remarks:  Administratively change the applicant’s DD Form 214 to show in block number “27” a Reentry Code of “RE-3” and issue a new DD Form 214.

SECTION B - CERTIFICATION

Approval Authority:

WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

EARNEST C. SMITH, JR.    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2000050822                    INDEX NUMBERS:  A9201
Date of Review:  010117                                   A9217
Character of Service:  HD                                 A0100
Date of Discharge:  921215                                
Authority:  AR 635-200 C16                                
Reason:  A0720                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. 	Mbr          X                 X       

    2. 	Mbr          X                 X       

    3. 	Mbr          X                 X       

    4. 	Mbr          X                 X       

    5. 	PO           X                 X