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): 900619 3. Authority for separation: a. Regulation: Chapter 16-8, AR 635-200 b. Reason: Reduction in Authorized Strength 4. Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: AAM(1stOLC) a. Period entered for: 6 Years NCOPDR(2) b. Entry date: 851212 ASR c. Age: 27 Years DOB: 580412 OSR d. Educational level: HS Grad e. Aptitude area score: GT: 104 3. Highest grade achieved: f. Length of Service: E6 4 Year(s) 6 Month(s) 8 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) Unknown Article 15 – DUI - NIF ____________________________________________ Letter of Reprimand, driving while under the influence (870287) 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 760204 790808 Honorable RA 790809 851211 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 14 October 1988, the CY88 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 3 November 1988 the applicant stated that he would not submit an appeal. On 11 December 1991, the applicant stated that he would submit an appeal, under the provisions of Chapter l6-8, AR 635-200, due to reduction in authorized strength-Enlisted Qualitative Early Separation Program. On 9 May 1989, MAJ, GS, Chief Separation and Appeals Branch indicated that the applicant’s appeal was disapproved and the bar would remain effect. On 1 March 1990, The Assistant Secretary of the Army (Manpower and Reserve Affairs) directed that the applicant be released from active duty. b. On 19 June 1990, the applicant was released from active duty with a characterization of service of honorable. At the time of release, the applicant had completed 4 years, 6 months, and 8 days of active military service in the period under review and had a total of 14 years, 2 months, and 15 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 011220. 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 20 February 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: ( 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. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence of record shows that the applicant was honorably discharged under the provisions of Chapter 16-8, AR 635-200, by reason of “reduction in authorized strength – qualitative early transition program” 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. The Board is not empowered to remove a DA imposed bar to reenlistment. 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 and the characterization of service were 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: 200206651 INDEX NUMBERS: A0113 Date of Review: 020220 A9500 Character of Service: HD Date of Discharge: 900619 Authority: AR 635-200 C16 Reason: A0500 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