MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 October 2001
         DOCKET NUMBER: AR2001057186

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Jose A. Martinez		Member
Mr. Mark D. Manning		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That item 28 (Narrative Reason for Separation)
of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry “Convenience of the Government” or “Reduction in Force” instead of the entry “Locally Imposed Bar to Reenlistment.”

APPLICANT STATES: That at the time of his discharge, he was told by his company commander and first sergeant, that the Army was downsizing, and that the amount of troops overseas were decreasing due to the end of the Gulf War and fall of the Berlin Wall. He was later released with ten other soldiers from his unit and was informed that he would receive an honorable discharge; however, due to downsizing, he would not be eligible for the Montgomery GI Bill (MGIB) in the amount of $10,000, and would be ineligible to reenlist for the next 5 years due to his bar to reenlist. He agreed to the terms of the offer and was informed to fulfill his remaining obligation in the Individual Ready Reserve (IRR) in order to qualify for the MGIB. He also states that he did not discover this error until he applied for a Veterans Administration (VA) Loan. He further states that he was informed that his bar to reenlistment was a condition of his release and that item 28 (Narrative Reason for Separation) had to be changed to show the entry “Reduction in Force”/Locally Imposed Bar to Reenlistment” or “Convenience of the Government.”

EVIDENCE OF RECORD: The applicant's military records show he enlisted on
22 February 1990, for a period of 4 years, as a multiple launch rocket system crewmember (13M).

On 8 November 1990, the applicant was counseled regarding a bar to reenlistment notification based on his unsatisfactory duty performance, failure
of his Army Physical Fitness Test (APFT), and his failure to qualify with his weapon.

On 19 November 1990, the applicant was barred from reenlistment for
excessive drinking, bad attitude, missing formation, and failure of his APFT.

On 7 May 1991, the applicant submitted a request to be discharged prior to
his expiration of term of service (ETS) under the provisions of Army Regulation
635-200, paragraph 16-5, due to his inability to overcome a locally imposed bar to reenlistment. The appropriate authority approved the applicant’s request.

On 8 May 1991, the applicant’s bar to reenlistment was reviewed by his commander, 30 days prior to his discharge, with the recommendation that the applicant’s bar remain in effect.




On 17 June 1991, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-5(b) due to a locally imposed bar to reenlistment. He was furnished an Honorable Discharge Certificate. He had completed 1 year, 3 months, and 26 days of creditable service. He was issued
a separation program designator (SPD) code of “KGF.”

The applicant’s DD Form 669 (Army Continuing Education System (ACES) Record) shows that he was counseled on the loss of his MGIB benefits when minimum time is service is not met. The applicant stated that he understood that there would be no refund of monies reduced from his pay.

Army Regulation 601-280 prescribes the eligibility criteria and options available
in the Army Reenlistment Program. Chapter 6 of the regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. This chapter specifies that bars will be
used when immediate administrative discharge from active duty is not warranted.
Examples of rationale for reenlistment disqualification are, but not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, substandard performance of duties, and substandard appearance (overweight).

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 covers discharges caused by changes in service obligation. Paragraph 16-5(b) applies to personnel who were denied reenlistment and provided that, if they received a locally imposed bar to reenlistment, and were unable to overcome the bar, they may apply for
immediate separation.

Paragraph 5-3 of Army Regulation 635-200 pertains to the separation of enlisted personnel for the convenience of the government. It states, in pertinent part, that
the separation of enlisted personnel is the prerogative of the Secretary of the Army and will be effected only by his authority. Except as delegated by these regulations or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the government will be at the Secretary’s discretion and with the type of discharge as determined by him. Such authority may be given either in an individual case or by an order applicable to all cases specified in such order.

Paragraph 16-8 of Army Regulation 635-200 pertains to early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints. It states, in pertinent part that, when authorized limitations, strength restrictions, or budgetary constraints require the size of the enlisted force to be reduced, the Secretary of the Army, or his designee, will authorized voluntary or involuntary early separations. The service of personnel separated under this paragraph will be characterized as honorable.
Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator “KGF” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Locally Imposed Bar to Reenlistment” and that the authority for discharge under this separation program designator is
“Army Regulation 635-200, para 16-5b.”

The GI Bill, as outlined in Title 38, United States Code, chapter 30, section 1411b, provides for soldiers who entered the service after 30 June 1985 to contribute $1,200.00 to the program during their first 12 months of service. Participation in the program is automatic, unless the soldier voluntarily withdraws from the program at the time of processing into the Army at a reception station. Under normal situations, the $1,200.00 contribution is nonrefundable. The program is administered by the VA after the soldier is separated from active
duty.

Under VA regulations, service members must serve at least 20 months of a service obligation of less than 3 years, or 30 months of a service obligation
of 3 years or longer to be eligible to qualify for the MGIB. There are only four exceptions: 1) a discharge for a service-connected disability; 2) a hardship discharge; 3) a discharge for a pre-existing medical condition; or, 4) an involuntary separation due to reduction in force. In all cases, the soldier’s
service must be considered fully honorable.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant was properly barred from reenlistment on 19 November 1990
for excessive drinking, bad attitude, missing formation, and failure of his APFT.

2. The locally imposed bar to reenlist was imposed in compliance with
applicable regulations with no indication of procedural errors which would tend
to jeopardize his rights.

3. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4. The Board notes that the applicant’s narrative reason for separation is correct in accordance with regulations then in effect which shows he was assigned the proper SPD code of “KGF.” Therefore, he is not entitled to correction of item
28 (Narrative Reason for Separation) of his DD Form 214 to show the entry “Convenience of the Government” or “Reduction in Force.”
5. The applicant requested early separation for his convenience after he received a bar to reenlistment, was counseled on the loss of his MGIB benefits, and had completed only 15 months of creditable service, which made him ineligible to qualify for the MGIB.

6. In order to justify correction of a military record the applicant must show
to the satisfaction of the Board, or it must otherwise satisfactorily appear, that
the record is in error or unjust. The applicant has failed to submit evidence
that would satisfy this requirement.

7. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__jl___ ___jm__ __mm______ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001057186
SUFFIX
RECON
DATE BOARDED	20011011
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19910617
DISCHARGE AUTHORITY	AR 635-200, 16-5b
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 191
2.
3.
4.
5.
6.