RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 February 2005
      DOCKET NUMBER:  AR0040000829


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      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
her separation and to the reentry (RE) code she was assigned.

2.  The applicant states, in effect, that she was 18 years old at the time
she enlisted and made many mistakes, which she now regrets.  She further
states that at the time of her discharge, she just wanted to leave the Army
and did not understand the impact of the narrative reason for her discharge
and of the RE-4 code she was assigned.

3.  The applicant provides a self-authored statement and copy of her
separation document (DD Form 214) in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 April 1985.  The application submitted in this case is
dated
13 April 2004.

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 record shows she enlisted in the Regular Army and
entered active duty on 26 January 1983.  She was trained in, awarded and
served in military occupational specialty (MOS) 95B (Military Police) and
the highest rank she attained while serving on active duty was private/E-2
(PV2).

4.  The record also shows that during her active duty tenure, the applicant
earned the Army Service Ribbon, Marksman Qualification Badge with Rifle Bar
and Expert Qualification Badge with Pistol Bar.  The record documents no
acts of valor, significant achievement or service warranting special
recognition.

5.  The applicant’s disciplinary history includes her acceptance of
nonjudicial punishment (NJP) under the provisions of Article 15 of the
Uniform Code of Military Justice (UCMJ) on 10 November 1983 and 18 March
1985.  Both NJP actions resulted in her being reduced in rank.

6.  On 7 March 1985, the applicant’s unit commander prepared a Bar to
Reenlistment Certificate (DA Form 4126-R) on her and requested she be
barred from reenlistment based on her NJP record.  The commander also cited
five formal counseling sessions held with the applicant between 7 July 1984
and
16 February 1985, in which she was counseled on performance and conduct
related infractions, as other factual and relevant indicators of
untrainability or unsuitability.  This Bar to Reenlistment was approved by
the proper authority on the same date.

7.  On 12 April 1985, the applicant requested to be separated under the
provisions of paragraph 16-5, Army Regulation 635-200.  In her request, she
stipulated that the request was voluntary and made after she had consulted
with legal counsel.  She further acknowledged that she understood that if
her request for separation was approved, she would not be permitted to
reenlist at a later date.

8.  On 26 April 1985, the applicant was honorably separated under the
provisions of paragraph 16-5b, Army Regulation 635-200, by reason of
locally imposed bar to reenlistment.  The DD Form 214 she was issued at the
time confirms she completed 2 years, 3 months and 1 day of active military
service and held the rank of PV1.  This document also confirms that based
on the authority and reason for her separation, she was assigned a
Separation Program Designator (SPD) code of KGF and an RE code of RE-4.
The applicant authenticated the DD Form 214 with her signature in Item 21
(Signature of Member Being Separated).

9.  There is no indication in the record that the applicant applied to the
Army Discharge Review Board to request a change in the narrative reason for
her discharge within its 15-year statute of limitations.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 16-5, in effect at the time,
provided for members who were under a locally imposed bar to reenlistment
to voluntarily request discharge if they perceived they could not overcome
the bar to reenlistment.

11.  Army Regulation 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 regulation
in effect at the time of the applicant’s separation stated that the SPD
code of KGF was the appropriate code to assign to Soldiers separated under
the provisions of paragraph 16-5b of Army Regulation 635-200, by reason
locally imposed bar to reenlistment.  The SPD/RE Code Cross Reference Table
in effect at the time established RE-4 as the proper code to assign members
separated with this
SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that she was young when she enlisted and
was not fully aware of the implications of her separation were carefully
considered.  However, these factors are not sufficiently mitigating to
warrant a change to her RE-4 code or the narrative reason for her
separation.

2.  The evidence of record confirms that after consulting with legal
counsel and being advised of the impact of her discharge request, the
applicant voluntarily requested discharge based on her perception that she
could not overcome a locally imposed bar to reenlistment.

3.  The records shows that the applicant’s separation processing was
accomplished in accordance with the applicable regulation.  All
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process.

4.  The regulation in effect at the time of the applicant’s separation
stipulated that an SPD code of KGF and RE-4 code would be assigned to
members separating under the provisions of paragraph 16-5b, Army Regulation
635-200, by reason of locally imposed bar to reenlistment.  Further, as
evidenced in her voluntary request, the applicant was fully aware of the
reason for her separation and that she would not be allowed to reenlist at
later date.  As a result, there is an insufficient evidentiary basis to
support granting the requested relief at this late date.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 April 1985.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 25 April 1988.  However, he did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WTM_  __WDP _  __JTM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Walter T. Morrison ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000829                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1985/04/26                              |
|DISCHARGE AUTHORITY     |AR 635-200 - Para 16-5b                 |
|DISCHARGE REASON        |Locally Imposed Bar to Reenlistment     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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