Application Receipt Date: 060914 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 920115 Discharge Received: Date: 920122 Chapter: 16-5(b) AR: 635-200 Reason: Locally Imposed Bar to Reenlistment RE: SPD: KGF Unit/Location: B Battery, 6th Battalion, 32d Field Artillery, Fort Sill, OK 73503 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 711219 Current ENL Date: 910215 Current ENL Term: 04 Years ????? Current ENL Service: 00 Yrs, 11Mos, 08Days ????? Total Service: 00 Yrs, 11Mos, 08Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 13M10 (Multi Launch Rocket Systems Crewmember) GT: 111 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR, NDSM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 30 December 1991, the applicant was barred to reenlistment. On 30 December 1991, the applicant reviewed and acknowledged receiving a copy of the unit commander’s recommendation and declined to submit a statement in his own behalf. On 6 January 1992, the separation authority approved the bar to reenlistment and directed the applicant be advised that should he feel he will be unable to overcome the bar to reenlistment, he may request immediate discharge under the provisions of Chapter 16, AR 635-200. The applicant elected not to appeal the bar to reenlistment. On 15 January 1992, the applicant requested discharge under the provisions of Chapter 16, AR 635-200, locally imposed bar to reenlistment. The unit commander recommended approval. On 16 January 1992, the intermediate commander reviewed the proposed discharge action and recommended approval. The separation authorities memorandum directing discharge and characterization of service is not a part of the available records and the analyst presumed Government Regularity in the discharge process. b. Legal Basis for Separation: 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issues he submitted, the analyst found no mitigating factors that would merit a change to the applicant’s narrative reason for discharge. The analyst noted that the applicant was voluntarily separated under the provisions of Chapter 16, Paragraph 5, AR 635-200 by reason of failure to overcome a locally imposed bar to reenlistment with an honorable characterization of service. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Locally Imposed Bar to Reenlistment", and the separation code is "KGF." 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. Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, the analyst determined that the narrative reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 10 October 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 0 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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 narrative reason for discharge was both proper and equitable, and voted to deny relief. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 12 October 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060013031 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 5 pages