RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 September 2007
	DOCKET NUMBER:  AR20070005392 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Thomas A. Pagan

Chairperson

Mr. Eric N. Anderson

Member

Mr. Paul M. Smith

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 records by changing his separation program designator (SPD) code from "KGF" and reentry code (RE Code) from RE-4 to RE-3, which would allow him to rejoin the Army.

2.  The applicant states, in effect, that he was young at the time of his indiscipline and that he now wishes to rejoin the Army and his Reserve unit.

3.  The applicant did not provide any documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he was born on 24 April 1963 and enlisted in the Army at the age of 18 on 28 July 1981 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  The applicant's records further show that he served in Germany for 43 months and reenlisted on 15 May 1984 for a period of 5 years.  The highest grade the applicant attained while on active duty was the grade of specialist/pay grade E-4.

4.  The applicant’s records show that during his tenure on active duty, he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Grenade Bar.  The applicant's records do not show any significant acts of valor during his military service.

5.  The applicant's service records reveal a disciplinary history of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on the following occasions:

	a.  On 27 September 1982, for striking a superior noncommissioned officer on the left forehead with a broomstick, disobeying a lawful order, and disrespecting a superior noncommissioned officer on 17 August 1982, dereliction of duties on 23 August 1982, and disobeying a lawful order on 25 August 1982.  His punishment consisted of reduction to the grade of private/pay grade E-2, forfeiture of $144 pay, and 14 days of restriction.

	b.  On 20 May 1985, for striking another Soldier in the face on 25 April 1985 and failing to go to his appointed place of duty on 29 April 1985.  His punishment consisted of forfeiture of $192 pay, 14 days of extra duty, and 14 days of restriction.

	c.  On 4 February 1987, for disrespecting a superior noncommissioned officer on 23 January 1987.  His punishment consisted of reduction to the grade of private/pay grade E-1, 30 days of extra duty, and 30 days of restriction.

6.  The applicant's records also show that he was tried by a Summary Court-Martial on 25 August 1986 for two specifications of disobeying a commissioned officer and one specification of assault.  He was sentenced to reduction to the grade of private first class/pay grade E-3, forfeiture of $588 pay, 45 days of restriction, and 45 days of extra duty.  The facts and circumstances of this Summary Court-Martial are not available for review with this case.

7.  On 24 February 1987, the applicant's immediate commander formally counseled him and initiated a Bar to Reenlistment Certificate citing his inability to adapt to military life and frequent difficulties with other Soldiers.  The immediate commander furnished the applicant a copy of the bar certificate.  The approval authority approved the bar to reenlistment on the same date.

8.  On 24 February 1987, the applicant submitted a DA Form 4187 (Personnel Action) to his immediate commander requesting discharge in accordance with paragraph 16-5 of Army Regulation 635-200 (Personnel Separation).  The applicant stated on the DA Form 4187 that he did not feel he was able to overcome the bar to reenlistment and acknowledged that once separated, he would not be able to reenlist at a later date.

9.  On 25 February 1987, the separation authority approved the request for separation and ordered the applicant be issued an honorable discharge with an RE-3 code.

10.  On 13 March 1987, the applicant was discharged from active duty under the provisions of paragraph 16-5b of Army Regulation 635-200 by reason of bar to reenlistment.  The DD Form 214 he was issued shows he was given a character of service of "Honorable", a Separation Program Designator" code of "KGF," and a "Reentry" code of 4.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  In the version in effect at the time, paragraph 16-5 established policy and prescribed procedures for the elimination of enlisted personnel by reason of bar to reenlistment.  It states, in pertinent part, that a Soldier who is denied or ineligible for continued active duty service may be separated, upon request, when a locally imposed bar to re-enlistment is approved.  Additionally, separation under this paragraph will occur no later than 90 days after the Soldier receives pre-separation counseling as required by law (see 10 USC 1142).  Any existing service obligation that cannot be fulfilled by the separation date will be waived, and overseas tours will be curtailed to the extent necessary to permit separation.  The service of Soldiers separated under this paragraph will be characterized as honorable.

12.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  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 Regular Army RE codes:

		a.  RE–1 applies to persons completing their term of service who are considered qualified to reenter the Army. 

	b.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.



	b.  RE-4 applies to individuals separated from last period of service with a nonwaivable disqualification.  This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years of active federal service.

13.  Army Regulation 635-5-1 states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The "KGF" SPD code is the correct code for Soldiers separating under chapter 16-5a or b of Army Regulation 635-200, by reason of bar to reenlistment.

14.  Army Regulation 601-280 (Army Reenlistment Program) in the version in effect at the time states, pertinent part, that Soldiers who believe that they will be unable to overcome a bar to reenlistment may apply for immediate discharge.  Requests will be processed according to Army Regulation 635-200, chapter 16.  Approved requests for discharge are final.  DD Form 214 (Report of Separation) will be coded RE-4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code, currently RE-4, should be changed to RE-3 and his SPD code currently "KGF" should be changed to a code that would permit reenlistment. 

2.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.

3.  The evidence of record confirms that the applicant’s SPD and RE codes were assigned based on the fact that he was separated under the provisions of chapter 16, Army Regulation 635-200 after his bar to reenlistment was approved and he felt he could not overcome the bar and requested separation.  Therefore, he received the appropriate SPD and RE codes associated with his discharge.

4.  Records show that the applicant was 18 years of age at the time of his first offense, 22 years of age at the time of his second offense, and 24 years of age at the time of his third offense.  There is no evidence that indicates that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__tap___  __ena___  __pms___  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 A. Pagan
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070005392
SUFFIX

RECON

DATE BOARDED
20070913
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0300
2.

3.

4.

5.

6.