IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080006808
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 that the narrative reason on his Certificate of Release or discharge from Active Duty (DD Form 214) be changed from "locally imposed bar to reenlistment" to "reduction in force."
2. The applicant states that he is unsure why the reason is listed as locally imposed bar to reenlistment. He contends that he was discharged due to a reduction in force.
3. The applicant provides a copy of his DD Form 214.
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. On 23 June 1988, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 54B (Chemical Operations Specialist).
3. On 23 March 1990, the applicants commander initiated a Bar to Reenlistment Certificate (DA Form 4126) recommending that the applicant be denied any further reenlistment opportunities in the Regular Army. The commander cited the applicants problems dealing with peers, authority, the military style of life, and failure of two consecutive physical fitness tests as his reason for taking this action. The applicant signed this form indicating that he had been furnished a copy; had been counseled and advised of the basis for this action; and that he did not desire to submit a statement in his own behalf.
4. On 3 April 1990, the appropriate authority approved the Bar to Reenlistment. On 25 April 1990, the applicant elected not to appeal.
5. On 16 May 1990, the applicant submitted a Personnel Action (DA Form 4187) requesting discharge under the provisions of Army Regulation 635-200, paragraph 16-5b, for voluntary separation of Soldiers denied reenlistment due to locally imposed bars to reenlistment. His request was subsequently approved by the appropriate authority. Accordingly, he was discharged on 14 June 1990. He had completed 1 year, 11 months, and 22 days of creditable active service. The applicant was given a Separation Program Designator (SPD) Code of KGF with a Narrative Reason of "locally imposed bar to reenlistment."
6. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KGF was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, paragraph 16-5b, locally imposed bar to reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's 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
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080006808
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