PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 July 2003
         DOCKET NUMBER: AR2003084646


         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. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Regan K. Smith		Member
Mr. John T. Meixell		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)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that her reentry (RE) code of 4 be upgraded to a 2, that her separation code be changed, and that the bar to reenlistment be removed from her records.

3. The applicant states, in effect, that her discharge was a result of duress. Her problems started when she arrived for assignment in Germany. She was studying in her barracks and she needed some help with her studies; she went to another barracks to seek help. She was greeted by a private (male); he directed her to wait in a room, he told her that he would be right back. When he returned he approached her, he put his finger to his lips, and he started to take off his pants; he proceeded to rape her. She became pregnant from the rape. After finding out that she was pregnant she knew that she had to get out of Germany and get back home where she was safe and where she could take care of her situation. She did not tell anyone; she just wanted to get out of there. She is now 34 years old and she is interested in joining the Reserves or the National Guard. She is asking the Board to consider removing the locally imposed bar to reenlistment, changing the separation code, and upgrading the RE code from a
4 to a 2.

4. The applicant’s military records show that on 28 October 1986, the applicant enlisted in the Regular Army for 3 years. She completed the required training and was awarded military occupational specialty 91A10 (Medical Specialist).

5. On or about 24 April 1987, the applicant departed for assignment in Germany.
She was assigned to Company C, 299^th Support Battalion as an ambulance/aid driver.

6. The applicant's service personnel records show that she was counseled on
15 July 1987 for severe alcohol intoxication, which had caused her to be hospitalized on 12 July 1987.

7. The applicant's service personnel records show DA Form 4126-R (Bar to Reenlistment Certificate) dated 17 July 1987. The applicant appealed the bar,
mentioning only the alcohol intoxication incident.

8. On 13 August 1987, the locally imposed bar to reenlistment was approved.

9. The DA Form 4187 (Personnel Action) dated 11 December 1987 shows that the applicant requested to be released from active duty in accordance with Army Regulation 635-200, chapter 16, paragraph 5b, due to a locally imposed bar to reenlistment which she felt she was unable to overcome.



10. The appropriate authority approved the applicant's request for discharge. On 6 January 1988, the applicant was honorably discharged from active duty, in pay grade E-2, under the provision of Army Regulation 635-200, paragraph
16-5b. She completed 1 year, 2 months, and 9 days of active military service. She was given a separation code of KGF (HQDA imposed bar to reenlistment or locally imposed bar to reenlistment) and assigned RE code 4.

11. 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 16-5b 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 or she understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

12. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) 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. 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 “AR 635-200, chapter 16, paragraph 5b."
Additionally, Table 2-3 (SPD/RE Code Cross Reference Table) in Army Regulation 635-5-1 shows that when SPD is KGF then RE code 3 or 4 will be given.

13. Table 2-3 (SPD/RE CODE CROSS REFERENCE TABLE) to Army Regulation 635-5 contains procedural requirements for determining RE codes. Step 5d in this checklist states that a RE code 3 will be assigned when the soldier has less than 18 years active service and is being separated as the result of a local bar to reenlistment.

14. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the authority and reason for discharge will be entered on the separation document.

15. 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 U. S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes. RE code 3 applies to person not qualified for continued Army service, but the disqualification is waivable.
RE code 4 applies to person not qualified for continued Army service and the disqualification is not waivable.

16. Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 610-210.

CONCLUSIONS:

1. The Board noted the applicant's allegation that she was under duress and the reason for her duress. However, there is no evidence in the available records, and the applicant has provided no evidence, to support her allegation.

2. The evidence of record shows that the applicant was given a local bar to reenlistment dated 13 August 1987 for severe alcohol intoxication. The evidence of record also shows that the applicant made a statement; however, her statement did not support her allegation.

3. The evidence of record indicates that the applicant requested to be discharged under Army Regulation 635-200, chapter 16, paragraph 5b after being barred from reenlistment.

4. The applicant's administrative separation was accomplished in compliance with regulation applicable at the time. The narrative reason for separation was appropriate given the circumstances of her separation. Therefore, the narrative reason for separation and the SPD KGF listed on the applicant's DD Form 214 (Certificate or Release or Discharge from Active Duty) are correct. Therefore, in accordance with the regulation changing her SPD is not appropriate.

5. The evidence of record shows that the applicant was given RE code 4. However, with SPD KGF there was a choice of a 3 or 4 RE code. In the applicant's case she should have been given a RE code 3 (a locally imposed bar to reenlistment with less than 18 years active service). However, she was erroneously assigned a RE code 4.

6. Since an individual has the right to apply for a waiver, and with an RE code of 3, the applicant may visit her local recruiting station to determine if she should apply for a waiver.

7. Therefore, in the interest of justice, and in the light of the foregoing findings and conclusions, it would be appropriate to correct the applicant's record as recommended below.

RECOMMENDATION:

1. That her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show an RE code of 3.

2. That so much of the application in regard to the changing of her separation code and the removal of the bar to reenlistment be denied.

BOARD VOTE:

__RKS__ __JTM___ __JHL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann H. Langston____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084646
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/07/17
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0300
2.	100.0600
3.
4.
5.
6.