IN THE CASE OF:	  

		BOARD DATE:	        29 July 2008

		DOCKET NUMBER:  AR20080008340 


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 her records be corrected by upgrading her reentry code (RE Code) from RE-4 to a more favorable code so she may reenter the Army.

2.  The applicant states that she was young and totally unprepared at the time she entered the Army.  She also encountered problems with her sergeant who ridiculed her about her weight and fitness levels, and was eventually discharged from the Army.  However, since her discharge, she has matured and became more responsible and able to work better with others.  She furthered her education by attending college, worked in major companies throughout the industry, and became a well-rounded person.  She concludes that she only wants an opportunity to serve her country as a more mature person.   

3.  The applicant provided a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 7 February 1989 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 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 she was born on 27 October 1968 and enlisted in the Regular Army for a period of 4 years, at the age of nearly 18, on   8 August 1986.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 93P (Flight Operations Coordinator).  The highest rank/grade she attained during her military service was specialist (SPC)/E-4.

3.  The applicant’s records show that she was awarded the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

4.  On 2 November 1988, the applicant’s immediate commander initiated a Bar to Reenlistment Certificate against the applicant.  The immediate commander remarked that the applicant had failed her Army Physical Fitness Test (APFT) on two consecutive occasions (10 July 1988 and 31 October 1988).  The applicant was furnished a copy of the Bar to Reenlistment Certificate; however, she elected not to submit a statement on her own behalf.   

5.  On 10 November 1988, the applicant’s battalion commander approved the Bar to Reenlistment Certificate.  The applicant elected not to appeal the decision.

6.  On 3 January 1989 (erroneously shown as 23 January 1989), the applicant requested separation from the Army under the provisions of paragraph 16-5 of Army Regulation 635-200 (Personnel Separations), by reason of her inability to overcome the bar to reenlistment.  In her request, the applicant indicated that she understood if her request was approved, it would be for her own convenience and that once separated, she would not be permitted to enlist at a later date.

7.  On 22 January 1989, the applicant’s immediate commander recommended approval of the applicant’s request.

8.  On 25 January 1989, the separation authority approved the applicant's separation for non-retention on active duty, in accordance with chapter 16-5 of Army regulation 635-200 and directed her term of service be characterized as honorable.  On 7 February 1989, the applicant was discharged accordingly.  The DD Form 214 she was issued at the time confirms she completed a total of 2 years and 6 months of active military service.  Item 25 (Narrative Reason for 
Separation) shows the entry “Locally Imposed Bar to Reenlistment,” Item 26 (Separation Code) shows the entry “KGF,” and Item 27 (RE Code) shows the entry “RE-4.”

9.  Army Regulation 601-280 (Total Army Retention Program) governed bars to reenlistment at the time in question.  Essentially, this regulation provided that a Soldier could be barred from reenlisting based on specific incidents of substandard performance and that any commander in the Soldier’s chain of command may initiate a bar to reenlistment.  Procedurally, the regulation required that a Bar to Reenlistment Certificate be prepared and referred to the Soldier so he or she can submit a statement on his or her own behalf.  Each member of the chain of command must then endorse the bar to reenlistment to the proper approval authority.  The regulation required that the approval authority for a Soldier with less than 10 years' active Federal service at date of bar initiation must be personally approved by the first commander in the rank of lieutenant colonel or above in the Soldier's chain of command, or the commander exercising Special Court-Martial Convening Authority, whichever is in the most direct line to the Soldier (unless this is the same commander who initiated the action).  The personal signature of the approving or disapproving authority is required.  The regulation also provided that the Soldier may appeal the bar to reenlistment and that final approval of appeals will be at least one approval level higher than the original bar approval authority. 

10.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations. Paragraph 16-5 applies to personnel denied reenlistment and provides that Soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar, may apply for immediate discharge.  Incident to the request the member must state that he/she understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

11.  Army Regulation 635-5-1 (Separation Program Designator Codes) 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" Separation code is the correct code for Soldiers separating under chapter 16-5 of Army Regulation 635-200, Bar to Reenlistment, or non-retention on active duty.

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 applied to persons who completed an initial term of active service who were fully qualified for enlistment when separated;

	b.  RE-3 applied to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable; and

	c.  RE-4 applied to Soldiers separated from last period of service with a nonwaivable disqualification

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her RE-4 should be upgraded to a more favorable code. 

2.  The evidence of record shows that the applicant was nearly 18 years of age at the time of her enlistment and 20 years of age at the time of her separation.  There is no evidence that indicates that she was any less mature than other Soldiers of the same age who successfully completed military service.  Additionally, there is no evidence in the available records and the applicant has not provided sufficient evidence showing that her APFT failure and subsequent bar to reenlistment were the result of her age.

3.  The applicant’s post-service personal and professional achievements as well as her successful college education were noted.  However, inasmuch as the applicant was discharged based on her inability to overcome a bar to reenlistment, the reason and authority for discharge are correct as currently shown on his DD Form 214.  

4.  At the time of her discharge, she received a separation code of KGF and an RE code of 4.  The SPD code of KGF and RE code of 4 were the appropriate codes for the applicant based on the guidance provided in Army Regulation    635-5-1 for Soldiers separating under the provisions of chapter 16-5 of Army Regulation 635-200.  Furthermore, in accordance with governing regulations in 
effect at the time of the applicant’s discharge, the correct SPD and RE codes were entered on her DD form 214 consistent with the reason and authority for discharge.

5.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, she is not entitled to the relief requested. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


															XXX
      ______________________
               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)                                         AR20080008340



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ABCMR Record of Proceedings (cont)                                         AR20080008340



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