IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080003324 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 26 (Separation Code), item 27 (Reentry (RE) Code), and that item 28 (Narrative Reason for Separation), of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. 

2.  The applicant states that he was scheduled to attend PLDC (Primary Leadership Development Course) in October/November 1992.  He was hospitalized in September 1992 for a collapsed lung (spontaneous pneumothorax).  He spent 5 days in a German hospital before being transferred to the Army hospital in Frankfurt for 11 days.  After he was released from the hospital, he was told he was scheduled for 30 days in the field carrying a 45 pound ruck sack (PLDC).  He told his platoon sergeant that he did not feel that he could complete this course and give the 110 percent that was needed with just being released from the hospital.  He adds that he wants to enlist in the Air National Guard and found out that he could not because of the injustices.

3.  The applicant provides a copy of his DD Form 214 in support of his 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 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 record shows he enlisted in the Regular Army on 13 April 1989.  He was trained as a Heavy Wheel Vehicle Mechanic, in military occupational specialty (MOS), 63S.  He was promoted to SP4/E-4 effective 13 June 1991.

3.  On 13 October 1992, the applicant was counseled regarding his failure to attend PLDC.  He was informed that based on his decision not to attend PLDC he would be flagged and barred from reenlistment.  

4.  The applicant was barred from reenlistment on 4 November 1992.  Item 10 (Other Factual and Relevant Indicators of Untrainability or Unsuitability) of his DA Form 4126-R (Bar to Reenlistment Certificate) indicates that the applicant had refused attendance of PLDC Class 1-93.  This indicated a lack of motivation, apathy, and marginal performance by refusing a career orienting military school.
On 5 November 1992, the applicant indicated that he would not appeal his bar to reenlistment.

5.  On 17 November 1992, the applicant submitted a request to be discharged under the provisions of Army Regulation 635-200, chapter 16, paragraph 16-5(b), due to his inability to overcome a locally imposed bar to reenlistment.  He understood that this request was for his own convenience and once separated that he would not be permitted to reenlist at a later date.  The battalion commander recommended approval on 19 November 1992.  His request was approved by the appropriate authority; however, it is unavailable for review.

6.  On 1 December 1992, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 16, paragraph 16-5(b) due to a locally imposed bar to reenlistment.  He was furnished an honorable discharge.  He had completed 3 years, 7 months, and 19 days of creditable service.  

7.  Item 26 (Separation Code), of the applicant's DD Form 214, shows the entry "KGF," item 27 (Reentry Code) shows the entry "3," and item 28 (Narrative Reason for Separation), shows the entry "Locally Imposed Bar to Reenlistment." 

8.  Army Regulation 601-280 (Total Army Retention Program), in effect at the time, prescribed the eligibility criteria and options available in the Army Reenlistment Program.  Chapter 6 of the regulation provided for barring from reenlistment individuals whose continued active duty was not in the best interest of the military service.  This chapter specified that bars will be used when immediate administrative discharge from active duty was not warranted.  Examples of rationale for reenlistment disqualification are, but not limited to, AWOL (absent without leave), indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, substandard performance of duties, and substandard appearance (overweight).

9.  Army Regulation 635-200 (Personnel Separation – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 16 covered discharges caused by changes in service obligation.  Paragraph 16-5b applied to personnel who were denied reenlistment and provided that, if they received a locally imposed bar to reenlistment, and were unable to overcome the bar, they may apply for immediate separation.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation showed that the separation program designator "KGF" as shown on the applicant’s DD Form 214 specified the narrative reason for discharge as "Locally Imposed Bar to Reenlistment," and that the authority for discharge under this separation program designator was "Army Regulation
635-200, chapter 16, paragraph 16-5b."

11.  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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the
U. S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes the basic 
eligibility criteria for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

12.  RE Code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial
punishment are also disqualified, as are persons with bars to reenlistment, and those discharged under the provisions  Army Regulation 635-200, chapter 16.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was properly barred from reenlistment for deciding not to attend PLDC.  This action indicated a lack of motivation, apathy, and marginal performance by refusing a career orienting military school.  He elected not to appeal his bar.

2.  The locally imposed bar to reenlistment was imposed on the applicant in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The evidence shows that the applicant was voluntarily discharged under the provisions of Army Regulation 635-200, chapter 16, paragraph 16-5b, due to a locally imposed bar to reenlistment.

4.  The separation code of "KGF" and RE Code of "3" were entered under the appropriate corresponding items on the DD Form 214 and the narrative reason for his discharge was shown to be "Local Bar to Reenlistment."

5.  The applicant's separation code of "KGF" is consistent with the basis for his separation.  The RE Code applied to his DD Form 214 is consistent with the separation code applied to his honorable discharge.  Based on the evidence, there is no indication that an incorrect RE Code, separation code, or narrative reason for his separation were applied to his DD Form 214.  

6.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


























ABCMR Record of Proceedings (cont)                                         AR20080003324



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ABCMR Record of Proceedings (cont)                                         AR20080003324



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