RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 January 2004
      DOCKET NUMBER:    AR2003090622

      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. Yvonne J. Foskey              |     |Analyst              |

  The following members, a quorum, were present:

|     |Ms. Joann H. Langston             |     |Chairperson          |
|     |Mr. Arthur A. Omartian            |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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, in effect, a change to the narrative reason for
separation and reentry (RE) code of RE-3 listed on his 1 July 1993
separation document (DD Form 214).

2.  The applicant states, in effect, the narrative reason for separation
and
RE code listed on his DD Form 214 render him unemployable with certain
employers.  He states that although he was honorably discharged, the
narrative summary shown on his DD 214 puts up a red flag to certain
employers, which prevents him from employment.  He further states he
enjoyed his time in the Army, but he experienced personal problems that
impaired his ability to serve.  He claims that his wife was ill and he
attempted to get leave to go home and attend to her.  However, because the
unit was involved in an exercise, he was denied leave, and at that time he
requested to be discharged.  He concludes that the reason he did not
fulfill his contract with the Army was due to his situation at home with
his now deceased wife, and his daughter who had been recently been born pre-
maturely.  These factors ultimately led to his bar to reenlistment and
discharge.  He further states that his wife died just two months after his
separation.

3.  The applicant provides the enclosed self-authored statement; a copy of
his
1 July 1993 DD Form 214, and a copy of his late wife’s death certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice, which
occurred on 1 July 1993.  The application submitted in this case is dated 9
May 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military record shows that he served on active duty for
1 year, 4 months, and 14 days, from 18 February 1992 until 1 July 1993.  He
was trained and served in military occupational specialty (MOS) 11B
(Infantryman).
4.  The applicant’s record also confirms that the highest rank he attained
while serving on active duty was private first class/E-3 (PFC).  During his
tenure on active duty, he earned the National Defense Service Medal, Army
Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar,
and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

5. On 20 April 1993, the applicant’s commander initiated a bar to
reenlistment against him, citing his inability to demonstrate financial
responsibility and his repeated display of a negative attitude.

6.   On 23 April 1993, the approving authority approved the applicant’s bar
to reenlistment certificate.

7.  On 28 April 1993, the applicant was counseled by his commander on the
reasons for the bar to reenlistment and elected not to submit a statement
in his own behalf.

8.  On 4 May 1993, the applicant voluntarily requested separation from the
Army under provisions of Army Regulation 635-200, chapter 16-5b, based on
his perception that he could not overcome the basis for the bar.

9.  On 9 May 1993, the appropriate approving authority approved the
separation request on the applicant and directed that he be discharged by
reason of bar to reenlistment under the provisions of chapter 16, Army
Regulation 635-200,
and that he receive an honorable discharge.  On 1 July 1993, the applicant
was discharged accordingly.  At the time, he had completed total of 1 year,
4 months and 14 days of creditable active military service.

10.  The DD Form 214 issued to and authenticated by the applicant on 1 July
1993, the date of his separation, confirms that the authority for his
discharge was paragraph 16-5b, Army Regulation 635-200, and the reason for
his separation was a locally imposed bar to reenlistment.  This document
also verifies that based on the authority and reason for his discharge, he
was assigned a Separation Program Designator (SPD) code of KGF and an RE
code of RE-3.

11.  On 9 May 2003, the Army Discharge Review Board (ADRB) reviewed the
applicant’s case and determined that the characterization and reason for
the applicant’s discharge were both proper and equitable, and it voted to
deny his request for an upgrade to his discharge.
12.  Army Regulation (AR) 635-5-1 (SPD Codes) provides the specific
authorities (regulatory or directive), reasons for separating soldiers from
active duty, and the SPD codes to be entered on the DD Form 214.  The SPD
code of KGF was the appropriate code for the applicant based on the
guidance provided in this regulation for soldiers separating under the
provisions of Army Regulation
635-200, paragraph 16-5b, by reason of a locally imposed bar to
reenlistment.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table),
Army Regulation 635-5 (Separation Documents), establishes RE-3 as the
proper reentry code to assign to soldiers separated for this reason.

13. AR 601-210 covers eligibility criteria, policies, and procedures for
enlistment and processing into the Regular Army (RA) and the United States
Army Reserve (USAR).  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-3
applies to persons completing their terms of service who are not considered
fully qualified for reentry or continuous service at the time of separation
but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant’s discharge was
accomplished in accordance with the applicable regulation.  Although it is
clear the bar to reenlistment imposed on the applicant based on his
financial irresponsibility was appropriate, the personal factors presented
by the applicant appear to present a compelling argument that a hardship
discharge should have been considered at the time.

2.  The evidence confirms that the applicant’s wife died within two months
of his separation, which appears to support his claim that she was ill
during the period he incurred the financial problems and his duty
performance diminished.  As a result, it appears that his serious personal
problems were mitigating factors and understandably resulted in his
negative attitude.  Thus, it appears that it would be appropriate, in the
interest of equity and compassion, to correct his record to show he was
discharged for hardship reasons.

3.  By regulation, RE-3 is also the appropriate code to assign to members
separating by reason of hardship.  Thus, the recommended change in the
narrative reason for the applicant’s discharge will not result in a change
to his RE-3 code.




BOARD VOTE:

__JHL__  __AO___  ___RW  ____  GRANT RELIEF

________  ________  ________    GRANT FORMAL HEARING

________  ________  ________    DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending the following
items of his 1 July 1993
DD Form 214 to read as indicated:

      a.  Item 25 (Separation Authority) - “Army Regulation 635-200,
Paragraph 6-3”, vice AR 635-200, para 16-5b as is currently listed;


      b.  Item 26 (Separation Code) - “MDB”, vice KGF as is currently
listed;


      c.  Item 28 (Narrative Reason for Separation) - “Hardship” vice
locally imposed bar to reenlistment as is currently listed; and


      d.  by providing him a corrected separation document that reflects
these changes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a change in the reentry (RE) code.




            Joann H. Langston
             CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090622                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/01/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1993/07/01                              |
|DISCHARGE AUTHORITY     |AR .635-200                             |
|DISCHARGE REASON        |Locally Imposed Bar to Reenlistment     |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |