RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20080000476
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 the narrative reason for her separation, Locally Imposed Bar To Reenlistment, be removed.
2. The applicant states that she does not understand why Locally Imposed Bar To Reenlistment was placed on her DD Form 214. She adds that she did nothing to warrant this remark, and it is stopping her from enlisting in the Army National Guard.
3. The applicant provides her DD Form 214 in support of her request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that she enlisted in the Regular Army on 4 December 1984, was awarded the military occupational specialty of supply specialist, and was promoted to pay grade E-3.
3. On 3 May 1986, the applicants duty status was changed from ordinary leave to absent without leave (AWOL). On 25 August 1986 court-martial charges were preferred against the applicant for her absence. The applicant surrendered to military authorities on 20 November 1986. There is no evidence to show the disposition of the court-martial charges.
4. On 15 June 1987, a bar to reenlistment was initiated against the applicant for her failure to make satisfactory progress on the Army Weight Control Program (AWCP). The applicant declined to make a statement in her own behalf when the bar to reenlistment was presented to her. The bar to reenlistment was then approved by the appropriate authority.
5. On 17 August 1987, the applicant requested early separation from the Army due to her locally imposed bar to reenlistment. That request was approved by the appropriate authority.
6. Accordingly, on 8 October 1987 the applicant was honorably discharged. Item 28 of her DD Form 214, Narrative Reason For Separation, has Locally Imposed Bar To Reenlistment entered.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-5 provides that soldiers who perceive that they will be unable to overcome a bar to reenlistment will be allowed to request discharge from the service. Soldiers may request discharge anytime after receipt of the bar to reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant had a bar to reenlistment imposed against her, she did not contest the bar to reenlistment, and she requested immediate discharge due to her locally imposed bar to reenlistment, and that request was approved by the appropriate authority.
2. As such, Item 28 of her DD Form 214, Narrative Reason For Separation, properly has Locally Imposed Bar To Reenlistment entered.
3. As such, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x __ __x__ _x__ 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.
____x____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000476
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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