RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 APRIL 2004
      DOCKET NUMBER:   AR2003094859


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. John P. Infante               |     |Member               |
|     |Ms. Regan K. Smith                |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the authority, reason, SPD (separation
program designator) code, and RE (reentry) code be corrected on his August
1993 Army separation document.  He specifically notes that he would like
his RE-3 upgraded to a RE-1.

2.  The applicant states, in effect, that while the basis for his 1993
separation is not “unjust” he maintains that it should now be changed.  He
states that it has been more than 8 years since the discharge and he has
worked hard to achieve the goals he started 12 years ago in the Army.  He
states that he has increased his knowledge through studies and has
“whipped” himself into a competitive member of the Air Force and “is not
stopping there.”

3.  The applicant states he is currently a member of the United States Air
Force Reserve and has volunteered for service in Iraq.  He states he is on
the “edge” of completing his study requirements for his “level five skill
level upgrade.”

4.  The applicant provides a May 2003 Certificate of Training from the Air
Force reflecting completion of the Personnel Apprentice Course and an Air
Force Certificate of Achievement for successfully completing the Network
User Licensing in March 2003.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 29 December 1988.  The applicant was a high school graduate
at the time of his enlistment and had aptitude scores ranging from 79 to
93, with a GT (general technical) score of 85.  He successfully completed
OSUT (one station unit training) at Fort Sill, Oklahoma and was awarded a
field artillery specialty (13B).  Following completion of training, the
applicant was assigned to a field artillery element in Germany.

2.  In June 1989 the applicant was advanced to pay grade E-2, in November
1989 he was promoted to pay grade E-3, and in March 1991 he was promoted to
pay grade E-4.

3.  The applicant successfully completed a 2-week German “headstart”
program and a driver’s academy course in 1989.






4.  In March 1991, just prior to the applicant’s promotion to pay grade E-
4, he was punished under Article 15 of the Uniform Code of Military Justice
(UCMJ) (Summarized Proceedings) for failing to be at his appointed place of
duty and disobeying an order.  His punishment included an oral admonition
and 7 days of extra duty.

5.  On 1 July 1992 the applicant was released from the Primary Leadership
Development Course (PLDC) as an academic failure after twice failing an
unspecified examination.

6.  In spite of his academic failure of PLDC, on 17 July 1992 the applicant
was permitted to reenlist for a period of 2 years.

7.  On 4 December 1992 the applicant was again dismissed from PLDC as an
academic failure.

8.  On 19 January 1993, following the applicant’s second academic failure
from PLDC, his commander initiated a local bar to reenlistment under the
provisions of Army Regulation 601-280.  In addition to the academic
failure, the commander also cited the applicant’s summarized UCMJ action as
the basis for the local bar. The local bar was approved on 26 January 1993
and the applicant elected not to appeal.

9.  On 26 April 1993 the local bar to reenlistment was reviewed and the
applicant’s commander recommended that the bar not be lifted.  A third
review was scheduled for 26 July 1993.

10.  However, on 19 July 1993, prior to the scheduled review, the applicant
submitted a request to be released from active duty.  He based his request
on his belief that he would not be able to overcome the local bar to
reenlistment.  His request was approved and on 16 August 1993 he was
released from active duty with an honorable characterization of service
under the provisions of Army Regulation 635-200, paragraph 16-5b.  The
reason for his discharge was recorded as “locally imposed bar to
reenlistment,” his SPD code was recorded as “KGF,” and he was assigned a RE
code of “3.”

11.  Army Regulation 601-280 states that a bar to reenlistment is not a
punitive action but is designed for use as a rehabilitative tool.  It is
intended to put the Solider on notice that he or she is not a candidate for
reenlistment, or that he or she may be a candidate for separation if the
circumstances that led to the bar to





reenlistment are not overcome.  The regulation states that commanders must
be especially alert to the question of whether to afford continued military
service to Soldiers who may meet the minimum standards for their present
rank but lack the potential to become a supervisor or senior technician.
Bars to reenlistment may be appropriate for Soldiers who are noncompetive
for promotion, including those who cannot keep pace with others of the same
career management field.

12.  Army Regulation 600-8-19, which established the policies and
provisions for the promotion of enlisted Soldiers, notes that graduation
from PLDC or its equivalent was a requirement for promotion to pay grade E-
5.

13.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 16-5b provides that soldiers
who perceive that they will be unable to overcome a local bar to
reenlistment will be allowed to request discharge from the service.
Soldiers may request discharge anytime after receipt of the bar to
reenlistment or notification that an appeal of the bar was disapproved.
Discharge must be accomplished no later than 6 months from the date of the
request.

14.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  In pertinent part, it directs
that the regulatory authority authorizing the separation will be entered in
item number 25 of the DD Form 214.  Item number 28 will contain the
narrative reason for separation, as shown in Army Regulation 635-5-1 based
on the regulatory authority.

15.  Army Regulation 635-5-1 prescribes 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.  It indicates that
"locally imposed bar to reenlist” is the appropriate narrative reason for
discharge when the authority is "AR 635-200, paragraph 16-5b."  It also
noted, at the time of the applicant’s separation, that the appropriate SPD
code was “KGF.”

16.  Army Regulation 635-5-1 states that SPD codes are three-character
alphabetic combinations, which identify reasons for, and types of
separation from active duty.  The primary purpose of SPD codes is to
provide statistical accounting of reasons for separation.  They are
intended exclusively for the internal use of DOD and the military services
to assist in the collection and analysis of separation data.  This analysis
may, in turn, influence changes in separation policy.  SPD codes are not
intended to stigmatize an individual in any manner.




17.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned RE codes, based on their
service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter included a list of armed forces RE
codes, including RA RE codes.  RE-3 applies to those individuals who were
not considered fully qualified for reenlistment or continuous service at
the time of separation, but for which a subsequent request for waiver could
be submitted for the purpose of reenlistment at a later date under the
provisions of Army Regulation 601-210.  RE-3 applied to individuals who
were separated with a locally imposed bar to reenlistment in place at the
time of separation.

18.  Although the applicant indicates that he is currently a member of the
United States Air Force Reserve, there were no documents available to the
Board confirming the date of his enlistment in the component of the Armed
Forces.  His training certificates, submitted in support of his request,
suggest that he may have enlisted in the Air Force Reserve within the last
2 or 3 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s accomplishments and current membership in the United
States Air Force Reserve are to be commended.  However, neither the passage
of time, nor his achievements serve as a basis to amend or change the
reason for his 1993 separation from the Army.

2.  The evidence indicates that the applicant voluntarily requested
separation when he determined that he either could not, or would not
overcome the basis for his locally imposed bar to reenlistment.  There is
no error or injustice in his separation processing, his SPD code, or his RE
code.  The fact that the applicant was permitted to enlist in the United
States Air Force Reserve further supports a conclusion that no injustice
has arisen as a result of the reason and authority for separation or from
the assignment of the appropriate SPD and RE codes.

3.  Neither his RE code nor his SPD code is a reflection on his honorable
service, but rather merely reflects that he was not eligible to reenlist at
the time of his separation from active duty because of a locally imposed
bar to reenlistment.






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

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __JPI ___  __RKS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            _____John N. Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003094859                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040415                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |