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):  920218

3.  Authority for separation:

	a.  Regulation:  Chapter 16-8, AR 635-200

	b.  Reason:  Reduction in Strength-Qualitative Early Transition Program

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ARCOM                       
a.  Period entered for:  6  Years              AAM
b.  Entry date:  871027                        GCMDL(5thAwd)
c.  Age:  30  Years   DOB:  570222             NDSM                       
d.  Educational level:  HS Grad                OSR(5)                              
e.  Aptitude area score:
	    GT:  115                               3.  Highest grade achieved:
    f.  Length of Service:                         E5
          4  Year(s)  3  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:  The applicant has an approved Bar to Reenlistment in filed dated 
		(910715).

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	RA	761027	790809	Honorable
	RA	790810	820314	Honorable
	RA	820315	871026	Honorable

PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 18 November 1991, the unit commander notified the applicant that a Department of the Army (DA) bar to reenlistment had been imposed against him.  On 26 November 1991 the applicant stated that he would not submit an appeal and requested separation, under the provisions of Chapter l6, Paragraph 16-8, AR 635-200, due to reduction in authorized strength-Enlisted Qualitative Early Separation Program with an effective date 22 February 1992.  The unit commander recommended approval of the applicant’s separation from the service.  DA, HQ, US Army Training Center and Ft Dix, Transition Point, Ft Dix, New Jersey, Orders 049-035 discharged the applicant from the Regular Army effective date 18 February 1992 with an honorable characterization of service.  

	b.  On 18 February 1992, the applicant was discharged.  At the time of discharge, the applicant had completed 4 years, 3 months, and 22 days of active military service and had a total of 15 years, 3 months, and 22 days of active military service.  

2.  Legal/Regulatory Basis for Separation Action:  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.

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 010702, with two 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 19 September 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:  ( X ) 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.  The evidence of record shows that the applicant was separated from the Army under the provisions of Chapter 16-8, AR 635-200, due to a HQDA imposed bar to reenlistment.  The record contains a properly constituted DD Form 214 which shows the applicant’s narrative reason for separation as “reduction in strength” with the appropriate Separation Program Designator (SPD) code of “JCC.”  Individuals are assigned Reentry Eligibility (RE) codes based on their service records or the reason for discharge.  The applicant was appropriately assigned an RE code of 4 which indicates that he was separated from his last period of service with a non-waivable disqualification (i.e., HQDA bar to reenlistment) and that he is ineligible for enlistment.  The applicant’s issue regarding his driver’s badge is not within the purview of this Board and should be addressed to the Army Board for Correction of Military Records (ABCMR).  A DD Form 149 (i.e., application to the ABCMR) is enclosed for the applicant’s use.  The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.

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                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

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	

Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

GERARD W. SCHWARTZ
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:  2001059579                    INDEX NUMBERS:  A0113
Date of Review:  010919                                   A9500
Character of Service:  HD                                 
Date of Discharge:  920218                                
Authority:  AR 635-200 C16                         
Reason:  A2400                                            
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