MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2003091343

         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
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Walter T. Morrison		Member
Mr. Thomas E. O’Shaughnessy		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: In effect, that the reason for his discharge from the Army be changed to, "for the convenience of the Government."

APPLICANT STATES: In effect, that the reason he was discharged was for the convenience of the Government and it should be reflected that way so that he can get his benefits. He adds that never in the past seventeen years has he tried to use any VA (Department of Veteran Affairs) benefits and now since he is homeless, and he has an honorable discharge, he feel that warrants VA benefits.

In a self-authored letter to the Board and his Member of Congress, he describes the events that led to his being separated from the military. This letter includes allegations of what he describes as a vendetta by the division artillery commander against blacks, undue influence on the part of the division artillery commander in getting him reassigned to Germany from Fort Stewart, Georgia, and his [the applicant's] refusal to comply with permanent change of station orders because his wife who was also a soldier could not be guaranteed an assignment to Germany with him.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the US Army Reserve in the Delayed Entry / Enlistment Program (DEP) for eight years on 18 December 1984. On 28 December 1984, the applicant enlisted in the Regular Army for a period of 3 years in the pay grade E-3. He successfully completed basic combat and advanced individual training at Fort Sill, Oklahoma. On completion of his advanced training, he was awarded the military occupational specialty 13B, Cannon Crewmember.

The applicant’s records show that the highest rank and pay grade that he attained was Specialist Four, E-4. He was promoted to this rank on 1 November 1985.

On 23 June 1986, the applicant received an Article 15 under the provisions of the Uniform Code of Military Justice (UCMJ) for returning a DD Form 689 on 6 June 1986, Individual Sick Slip, which had been altered. The punishment imposed was a reduction to the rank and pay grade, Private First Class, E-3 (suspended until 30 October 1986), forfeiture of $170.00, 14 days restriction (suspended until 30 October 1986), and 14 days extra duty. The applicant did not appeal the punishment.

Item 18 of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, shows that the applicant was reduced to the rank and pay grade, Private First Class, E-3, on 25 September 1986. A copy of the instrument, which announced

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this reduction in pay grade, is not available in his service personnel records.

On 6 November 1986, the applicant was notified that he was being considered for administrative elimination from the Army and that because of indebtedness to the Government, his pay had been placed in involuntary accrual. No additional information is available in the applicant's service personnel records about this indebtedness to the Government.

A DA Form 5122-R, Reassignment Processing Requirements Checklist, dated 6 November 1985, is on file in the applicant's service personnel record. The appropriate blocks are checked indicating that the applicant had been alerted for overseas service. No other details are available in the records about this intended reassignment.

An AFZP Form 2167, Separation Action Control Sheet, dated 5 December 1986, is on file in the applicant's service personnel record. The checklist indicates that on 4 November 1986 he was notified that he was being considered for separation action; that a medical examination appointment was made and the examination was taken on 17 November 1986; and the result of the examination were received in his unit on 20 November 1986.

On 4 December 1986, the applicant submitted a DA Form 4187, Personnel Action, requesting that he be separated immediately from the Army under the provisions of Army Regulation (AR) 635-200, paragraph 16-5b. In his request, the applicant stated that he felt that he could not overcome the locally imposed bar to reenlistment that had been imposed on him on 15 October 1986. The request also included the statement that, "I understand that if my request for separation before my ETS (expiration of term of service) is approved, it will be for my own convenience."

A copy of the locally imposed bar to reenlistment, which served as the catalyst for the individuals request for separation, is not on file in the applicant's service personnel record.

The applicant's separation under the provision of AR 635-200, paragraph
16-5b, was approved on 8 December 1986. Orders 237-52, Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, Georgia, were published on 11 December 1986, with a reporting date and date of discharge to be 15 December 1986.

The applicant was honorably discharged, in the rank and pay grade, Private First Class, E-3, in compliance with his request, on 15 December 1986. On the date of his separation, he had 1 year, 11 months and 18 days active Federal service

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with no lost time due to absence without leave or confinement. The narrative reason for separation was, "Locally imposed bar to reenlistment."

AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 of that regulation provides, in pertinent part, that a member who perceives that they will be unable to overcome a locally imposed bar to reenlistment may apply for immediate discharge.

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. 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.

2. The evidence of record shows that the applicant had received nonjudicial punishment under Article 15, had been notified that he was being considered for elimination from the Army and that his pay had been placed in involuntarily accrual, and had a locally imposed bar to reenlistment imposed upon him. Each of these actions is indicative of misconduct and not of a vendetta or undue influence being exerted by the division artillery commander.

3. The Board noted that it was the applicant who voluntarily submitted a request
for separation when he perceived that he would be unable to overcome the locally imposed bar to reenlistment.

4. The Board also noted that requests for separation submitted under the provisions of AR 635-200, paragraph 16-5b, are for the convenience of the individual and not the Government. The Board further noted that these words appear in the Remarks of the DA Form 4187 submitted by the applicant and which he signed on 4 December 1986.

5. The applicant was assigned the appropriate narrative reason for separation on his DD Form 214.

6. In view of all the circumstances in this case, the applicant is not entitled to a change or removal of the narrative reason for separation that he now seeks.

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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

__mkp___ __wtm __ ___teo __ DENY APPLICATION

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

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INDEX

CASE ID	AR2003091343
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/07/29
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1986/12/15
DISCHARGE AUTHORITY	AR 635-200, para 16-5b
DISCHARGE REASON	Convenience of the individual not the gov’t
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 189	110.0000
2. 191	110.0200
3.
4.
5.
6.