RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2005
	DOCKET NUMBER:  AR20050001769 


	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. Beverly A. Young

Analyst

The following members, a quorum, were present:


Mr. James Hise 

Chairperson

Mr. Thomas O'Shaughnessy 

Member

Mr. Patrick McGann 

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 February 1983 to show he completed a total of 18 years and 20 (sic) months military service.  He also requests that the separation authority be changed and the bar to reenlistment be removed.  

2.  The applicant states that he has a total of 18 years and 20 months of service. He also states that the separation authority should be changed and the bar to reenlistment should be removed.

3.  The applicant provides a copy of his DD Form 214 for the period ending 17 February 1983.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 17 February 1983.  The application submitted in this case is dated 12 January 2005.

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 limitations 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 enlisted in the Regular Army on 30 June 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 76Q (Special Purpose Equipment Repair Parts Specialist).  He was discharged on 30 November 1967 for the purpose of immediate reenlistment.  He completed 1 year, 5 months and 1 day total active military service during this period.  

4.  The applicant reenlisted on 1 December 1967 for a period of six years.  He was awarded MOS 76Y (Armor/Unit Supply Specialist) in May 1969.  He was discharged on 25 May 1971 for immediate reenlistment.  His DD Form 214 for the period ending 25 May 1971 shows he completed 3 years, 5 months and 25 days total active military service during the period covered by the report.  This discharge document shows he completed 1 year, 5 months and 1 day total prior active service.  

5.  The applicant reenlisted on 26 May 1971 and was discharged on 25 June 1974 for immediate reenlistment.  His DD Form 214 for the period ending 25 June 1974 shows he completed 3 years and 1 month total active service during the period covered by the report.  This discharge document shows he completed 4 years, 10 months and 26 days total prior active service.  

6.  The applicant reenlisted on 26 June 1974.  He was later reclassified into MOS 11D (Armor Reconnaissance Specialist).  He was discharged on 26 May 1977 for immediate reenlistment.  His DD Form 214 for the period ending 26 May 1977 shows he completed 2 years, 11 months and 1 day total active military service during the period covered by the report.  This discharge document shows he completed 7 years, 11 months and 6 days total prior active service.

7.  The applicant reenlisted on 27 May 1977.  

8.  He was promoted to staff sergeant 1 September 1977 and was later reclassified into MOS 19D (Cavalry Scout).  

9.  The applicant was discharged on 12 March 1979 for immediate reenlistment.  His DD Form 214 for the period ending 12 March 1979 shows he completed 1 year, 9 months and 16 days total active military service during the period covered by the report.  This discharge document shows he completed 10 years, 10 months and 27 days total prior active service.

10.  The applicant reenlisted on 13 March 1979 for a period of six years.

11.  In a 27 April 1982 letter, the applicant was notified that a Department of the Army (DA) Qualitative Management Program (QMP) Selection Board reviewed his Official Military Personnel File (OMPF) and the board determined that he be barred from reenlistment.

12.  The applicant completed a DA Form 4941-R (Statement of Options) wherein he acknowledged that he was notified of his DA bar to reenlistment under the QMP.  He also acknowledged that he had been counseled and understood the options open to him as a result of the DA bar to reenlistment.  The applicant indicated that he would submit an appeal.  There is no record of the applicant's appeal.



13.  In a 13 October 1982 letter, the applicant's company commander notified him that his current duty performance was totally unsatisfactory for a noncommissioned officer (NCO) of his grade and length of service.  The commander stated that the applicant had demonstrated none of the technical knowledge, leadership or abilities of an NCO.  He also stated that this was second time the applicant had been notified that his performance was unsatisfactory.  The applicant acknowledged receipt of the performance letter and did not attach a statement.

14.  On 29 December 1982, the applicant requested that he be discharged from the U.S. Army under the provisions of Army Regulation 635-200, paragraph 16-5 due to his perceived inability to overcome his HQDA Bar to Reenlistment.  He acknowledged that, once separated, he would not be permitted to reenlist at a later date.  The unit commander recommended approval of the applicant's request.  On 13 January 1983, the appropriate authority approved the request.  

15.  The applicant was honorably discharged on 17 February 1983 under the provisions of Army Regulation 635-200, chapter 16 due to HQDA imposed bar to reenlistment.  

16.  His DD Form 214 for the period ending 17 February 1983 shows he completed 3 years, 11 months and 5 days total active service during the period covered by the report and 12 years, 8 months, and 13 days total prior active service. 

17.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  In the version in effect at the time, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part it stated that all service shown in 18(a) through 18(f) would be less time lost under Title 10, United States Code, section 972 and time lost subsequent to expiration of term of service.

18.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 of the version in effect at that time, covered discharges caused by changes in service obligations.  Paragraph 16-5 applied to personnel denied reenlistment and provided that Soldiers who received DA imposed or locally imposed bars to reenlistment, and who perceived that they would be unable to overcome the bar, could have applied for immediate discharge.  Upon the request for immediate discharge, the member must have stated that he understood that recoupment of unearned portions of any enlistment or reenlistment bonus was required and that later reenlistment was not permitted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the Regular Army on 30 June 1966 and continued to serve on active duty until 17 February 1983.  

2.  The applicant's DD Form 214 for the period ending 17 February 1983 properly reflects he completed 3 years, 11 months and 5 days total active service during the period covered by the report and 12 years, 8 months and 13 days total prior active service (a total of 16 years, 7 months and 18 days).  There appears to be no error or injustice in this case regarding the applicant's total military service.  Therefore, there is no basis for correcting his records to show he served 18 years and 20 months.

3.  The evidence of record shows that a DA QMP Board considered the applicant's OMPF and determined that he should be barred from further reenlistment.

4.  The applicant's battalion commander properly notified him of the QMP action and he elected to submit an appeal; however, there is no record of the appeal.  He submitted a request to be discharged under the provisions of Army Regulation 635-200, chapter 16 due to his inability to overcome his bar to reenlistment.  In his request he acknowledged that once separated, he could not reenlist.  The applicant was properly discharged based on his request and the authority listed o his DD Form 214 is correct based upon the reason for his discharge.

5.  After review of all the evidence of this case, it is determined that the applicant has not presented sufficient evidence which warrants overturning the DA imposed bar to reenlistment.

6.  Records show the applicant should have discovered the alleged errors or injustice now under consideration on 17 February 1983; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 February 1986.  The applicant 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

JH______  TO______  PM______  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.




James Hise____________
          CHAIRPERSON




INDEX

CASE ID
AR20050001769
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050920
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
100.0000
2.
110.0200
3.

4.

5.

6.