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): 010822 3. Authority for separation: a. Regulation: Chapter 19-12, AR 635-200 b. Reason: Non-Retention on Active Duty 4. Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: MSM NCOPDR(2) a. Period entered for: 4 Years ARCOM(2) ASR b. Entry date: 000719 AAM(4) OSR c. Age: 32 Years DOB: 681103 GCMDL(3) NM d. Educational level: HS Grad NDSM C/Ach(4) e. Aptitude area score: AFEM GT: 108 3. Highest grade achieved: f. Length of Service: E6 1 Year(s) 1 Month(s) 3 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 861015 900419 Honorable RA 900420 951220 Honorable RA 951221 970714 Honorable RA 970715 000719 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 31 August 2000, the CY96 Master Sergeant Selection/Sergeant QMP Board notified the applicant after a comprehensive review of his Official Military Personnel File (OMPF) determined that he was to be barred from reenlistment. On 12 November 2000 the applicant submitted an appeal to the DA Standby Board. On 9 April 2001, the applicant was notified that his appeal was disapproved and that he was to be discharged without entitlement to an Administrative Separation Board within 90 days after receiving pre-separation counseling or at ETS if the soldier had less than 120 days to ETS. On 22 August 2001, the applicant was discharged under the provisions of AR 635-200, Chapter 19-12 by reason of non-retention on Active Duty with a characterization of service of honorable. b. On 22 August 2001, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 1 month, and 3 days of active military service in the period under review and had a total of 14 years, 10 months, and 7 days of active military service. 2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l9-12 of this regulation sets forth the requirements for early separation of enlisted personnel whose performance, conduct, and/or potential for advancement do not meet Army Standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening. Chapter 19-12 provides the policy & procedures for involuntary discharge for soldiers who choose not to appeal the QMP Selection for denial of continued service, or who appeals are denied. 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 011115, with six (6) 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 6 March 2002. 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. The evidence of record shows that the applicant was honorably discharged under the provisions of Chapter 19-12, AR 635-200, by reason of “non-retention on active duty” due to a DA imposed bar to reenlistment. The applicant was properly notified as to the reasons of the DA imposed bar and was given the opportunity to appeal the bar prior to his separation. His appeal was denied. 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 nonwaivable disqualification (i.e. HQDA bar to reenlistment) and that he is ineligible for enlistment. This Board is neither empowered to remove a DA imposed bar to reenlistment nor change an RE code. The applicant’s issue regarding entitlement to full separation pay is not within the purview of this Board and should be addressed by the Army Board for Correction of Military Records (ABCMR). An application form is enclosed. 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 the 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: 2002066664 INDEX NUMBERS: A0113 Date of Review: 020306 A9500 Character of Service: HD Date of Discharge: 010822 Authority: AR 635-200 C19 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