Application Receipt Date: 061207	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and attached documents submitted by the applicant.

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: NIF
Discharge Received:     Date: 941208   
Chapter: 16-8    AR: 635-200
Reason: Reduction In Force
RE:     SPD: LCC
Unit/Location: 95th CSH, USAREUR 

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:  680715  
Current ENL Date: 900910    Current ENL Term: NIF Years       
Current ENL Service: 03 Yrs, 02Mos, 29Days      
Total Service:  07 Yrs, 00Mos, 07Days      
Previous Discharges: RA 871202-900909/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 92B1P/Medical Lab Spec   GT: 102   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM-2, GCM-2, NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant's available records indicate he served in the Reserves (941209-950330), enlisted in the ARNG (950331), and is currently a SFC in the Florida ARNG.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The complete facts and circumstances pertaining to the applicant's discharge from the Army are not contained in the available records.  However, evidence of record shows that on 6 December 1994, Order 340-002, was issued releasing the applicant from active duty and transferred him to the Reserves.  The applicant's election of rights are not contained in the available record and the analyst presumed Government regularity in the discharge process.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 16-8, AR 635-200, by reason of reduction in force, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of LCC (i.e., reduction in force), with a reenlistment eligibility (RE) Code of "3."  

      b.  Legal Basis for Separation:  
           Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-7 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 unless an entry level separation is required by Chapter 3, section II.  

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of the applicant's available military records and the issues he submitted, the analyst noted that the applicant was discharged due to reduction in force and transferred to the Reserves.  Under the provisions of AR 635-200, paragraph 16-7(f), the service of personnel separated under this paragraph will be characterized as honorable, unless the soldier is in an entry level status.  In view of the foregoing, the analyst determined that the characterization of service was and is improper.  Accordingly, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date:                    
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          No change         - Character
		 			      Change          No change         - 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 characterization of service was and is improper.  The Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.   

Case report reviewed and verified by: David Loy, 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:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060017124

Applicant Name:           
______________________________________________________________________


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