IN THE CASE OF:	  

		BOARD DATE:	       18 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018287 


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 his locally imposed bar to reenlistment be removed from his records.

2.  The applicant states that he was diagnosed with "adjustment disorder" prior to his discharge.  At the time of his discharge, he was diagnosed with Post Traumatic Stress Disorder (PTSD) and was "forced" to volunteer to get out of the service.  

3.  The applicant provides a supplemental letter, dated 27 September 2008, 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 enlisted in the Regular Army on 21 September 1982.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty (MOS) 63B (light wheeled vehicle and power generator mechanic).  He completed basic airborne training.  He was later reclassified into MOS 18D (Special Forces Medical Sergeant).  His highest grade attained was sergeant first class, E-7.  

3.  On 3 September 1991, the applicant received a Memorandum of Reprimand (MOR) for failing to provide financial support to his ex-wife.  This MOR was imposed as an administrative measure and not as punishment under the Uniform Code of Military Justice.  

4.  On 24 September 1991, the applicant's company commander recommended that a bar to reenlistment be imposed against the applicant for non-payment of debts.  

5.  On 24 September 1991, the applicant reviewed and acknowledged that he received a copy of the commander’s recommendation and had been counseled and advised of the basis of this action.  He elected to submit a statement in his own behalf.  He stated that Block 9 (Record of Non-Payment of Just Debts) on the Bar to Reenlistment Certificate was false and completely untrue.  He stated that he had made payments to his ex-wife and did not owe money since the divorce.  He continued to state that he had a voluntary support allotment and did not owe any back support to his ex-wife.  

6.  On 6 November 1991, the company commander indicated that the applicant was given a copy of the approved bar to reenlistment and was formally counseled in writing concerning the right to appeal.  The applicant elected to appeal the bar to reenlistment.  There is no evidence which indicates the applicant submitted an appeal to the bar to reenlistment.  

7.  The bar to reenlistment was approved on 3 October 1991.  

8.  In January 1992, the applicant's company commander reviewed the bar to reenlistment and did not recommend removal at that time.  



9.  On 20 February 1992, the applicant requested that he be released from active duty under the provisions of Army Regulation 635-200, chapter 16 due to his perceived inability to overcome his bar to reenlistment.  The request was approved by the appropriate authority.

10.  The applicant was honorably discharged on 23 May 1992 under the provisions of Army Regulation 635-200, paragraph 16-5(b) due to locally imposed bar to reenlistment.  He served a total of 9 years, 8 months and 3 days of active military service.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-5 at the time applied to personnel denied reenlistment and provided that Soldiers who received a Department of the Army imposed or locally imposed bars to reenlistment, and who perceived that they would be unable to overcome the bar, could have applied for immediate discharge.  Upon the request for immediate discharge, the member must have stated that he understood that recoupment of unearned portions of any enlistment or reenlistment bonus was required and that later reenlistment was not permitted.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was diagnosed with "adjustment disorder" prior to his discharge and PTSD at the time of his discharge.  He contends that he was "forced" to volunteer to get out of the service.  However, there is no evidence of record to substantiate the applicant's claims.  

2.  The evidence of record shows a bar to reenlistment was imposed against the applicant for non-payment of certain debts.  

3.  The applicant's unit commander formally counseled him regarding the implications of the bar to reenlistment and advised him of his right to submit an appeal.  However, there is no record of his appeal to the bar to reenlistment.  

4.  The applicant submitted a request to be discharged under the provisions of Army Regulation 635-200, chapter 16 due to his inability to overcome his bar to reenlistment.  The applicant was properly discharged based on his request.

5.  After review of the evidence of this case, it is determined that the applicant has not presented sufficient evidence which warrants removing the locally imposed bar to reenlistment.



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.




      _______ _   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)                                         AR20080018287





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ABCMR Record of Proceedings (cont)                                         AR20080018287



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