RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 March 2007
      DOCKET NUMBER:  AR20060010877


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas M. Ray                 |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. James R. Hastie               |     |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, that the narrative reason for her
separation be changed.

2.  The applicant states the information that she was separated due to a
locally-imposed bar to reenlistment is hindering her placement in an Active
Guard Reserve (AGR) position.  After she served six months in Iraq during
Operation Desert Storm, they were offering early outs for Soldiers as part
of a troop reduction program.  She took advantage of it.  She does not
understand the reason for the bar to reenlistment.  She is missing out on
AGR jobs because of the bar to reenlistment, and she does not even
understand why she received it in the first place.

3.  The applicant provides two DD Forms 214 (Certificate of Release or
Discharge from Active Duty), one for the period ending 31 October 1991 and
one for the period ending 21 December 2005; a memorandum, dated 30 January
2007, from her current Army National Guard (ARNG) battalion operations
sergeant; an extract from Army Regulation 135-15; active duty for special
work (ADSW) orders dated 24 August 2004; ADSW orders dated 24 September
2004 with amendments dated 8 October 2004 and 19 May 2005; ADSW orders
dated 19 April 2006; ADSW orders dated 27 June 2006; and a DA Form 4836
(Oath of Extension of Enlistment or Reenlistment) dated 19 April 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 February 1988.  She
was promoted to Specialist, E-4 on 16 May 1989.

2.  The applicant served in Southwest Asia from 28 October 1990 to 15 April
1991.

3.  On 29 July 1991, the applicant’s commander initiated a local bar to
reenlistment on her.  He cited as the reason for the bar the applicant’s
refusal to attend the Primary Leadership Development Course (PLDC).  He
stated attendance at PLDC was a major progression in a junior
noncommissioned officer’s development and [the applicant’s] refusing
attendance demonstrated a lack of motivation, apathy, and unwillingness to
advance.

4.  On 29 July 1991, the applicant acknowledged that she was counseled and
advised of the basis for the bar to reenlistment and she did not desire to
submit a statement in her own behalf.  The locally-imposed bar to
reenlistment was approved on 12 August 1991.  On 14 August 1991, the
applicant indicated that she would not appeal the bar to reenlistment.

5.  On 2 October 1991, the applicant requested separation.  The DA Form
4187 (Personnel Action) indicates that she had received a locally-imposed
bar to reenlistment and did not anticipate overcoming the bar.

6.  On 31 October 1991, the applicant was released from active duty under
the provisions of Army Regulation 635-200, paragraph 16-5b, in pay grade E-
4, after completing 3 years, 8 months, and 15 days of creditable active
service with no lost time.  She was given a separation designator (SPD)
code of KGF (voluntary discharge under the provisions of Army Regulation
635-200, paragraph 16-5a   or b, Headquarters, Department of the Army or
locally-imposed bar to reenlistment).  (There was no SPD code for a
voluntary transfer under the provisions of Army Regulation 635-200,
paragraph 16-5b).  The narrative reason for separation was “LOCALLY IMPOSED
BAR TO REENLISTMENT.”  She was transferred to the U. S. Army Reserve (USAR)
to complete her military service obligation.

7.  Effective 20 February 1996, the applicant was honorably discharged from
the USAR.

8.  On 11 July 2003, the applicant enlisted in the ARNG.

9.  Army Regulation 135-18 establishes policies for obtaining and
separating Army National Guard of the United States, ARNG, and USAR
personnel serving as members of the AGR program.  Table 2-3 gives
nonwaivable disqualifications for entry in the program.  Rule H states an
enlisted Soldier barred from reenlistment in the Army National Guard of the
United States or the USAR or on whom a bar to reenlistment has been
initiated is a nonwaivable disqualification.

10.  In a previous case pertaining to a Soldier in similar circumstances
requesting a USAR AGR position, a staff member from the AGR Accessions
Team, U. S. Army Reserve Personnel Command (currently the U. S. Army Human
Resources Command – St. Louis) indicated that if an individual does not
have a current bar to reenlistment, there should be no problem in
requesting entry into the AGR program.  The individual would not
necessarily be selected for the program but he or she would not be
automatically disqualified from entry.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received a locally-imposed
bar to reenlistment in July 1991 for refusing to attend PLDC.  It appears
she may have been offered early separation as part of a troop reduction
program; however, her voluntary separation was processed under the
provisions of Army Regulation 635-200, paragraph 16-5b because she did not
anticipate being able to overcome the bar to reenlistment.  Therefore, she
was properly separated with a narrative reason of “LOCALLY IMPOSED BAR TO
REENLISTMENT.”

2.  However, it appears the ARNG waived her reenlistment disqualification
and allowed her to enlist in July 2003.  It appears she is having a
successful career.  There is no error in her records concerning her
narrative reason for separation on her DD Form 214 for the period ending 31
October 1991.

3.  However, it appears the applicant may be receiving erroneous
information about her qualification for entry into the AGR program based
upon Rule H in Table 2-3, Army Regulation 135-18.  She does not appear to
have a nonwaivable disqualification for entry into the AGR program under
these rules.  She is not barred from reenlistment in the Army National
Guard of the United States or the USAR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__tmr___  __jcr___  __jrh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __Thomas M. Ray_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010877                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070301                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |110.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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