IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090004422 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change the reason for his discharge and the reenlistment code.

2.  The applicant states that his discharge was voluntary due to a self-imposed request and was not intended to be a permanent record on his DD Form 214.  He would like the present reason for separation, "Locally Imposed Bar to Reenlistment," removed.  He further contends that this discharge bars him from serving in the National Guard, Reserve, or in a civilian capacity with the military and hinders his civilian employment prospects.

3.  The applicant provides, in support of his application, 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 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.  On 13 February 1979, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 51C (Structures Specialist).

3.  On 11 June 1979, the applicant was assigned to Fort Riley, Kansas, for duty as a structures specialist.  

4.  On 21 May 1981, the applicant was promoted to the rank of sergeant, pay grade E-5.

5.  On 14 October 1983, the applicant departed Fort Riley, Kansas, for duty in the Federal Republic of Germany.  He performed duty as a structures specialist until his return to the United States on or about 2 December 1986.

6.  On 3 January 1987, the applicant was assigned for duty as a construction engineer supervisor with the 515th Engineer Company located at Fort Leonard Wood, Missouri.

7.  The applicant received the following performance counselings.

	a.  21 May 1987:  Failure to properly plan and execute assigned mission to provide two generators with light sets in support of a community function.

	b.  23 June 1987:  Failure to properly supervise preventive maintenance of assigned vehicles resulting in an unsafe truck leaving the motor pool.  Because of this failure, the applicant was removed from the standing list for attendance at the Basic Noncommissioned Officer Course.

	c.  23 June 1987:  Failure to obey an order from his platoon leader, a commissioned officer, to remove his name from the windshield of a certain vehicle and replace it with the name of another Soldier.  He was recommended for punishment under the provisions of Article 15 of the Uniform Code of Military Justice.

8.  On 29 June 1987, the applicant received a letter of reprimand (LOR) from the company commander for his substandard performance.  The LOR stated that he had failed to accomplish a minor mission on 22-23 June 1987.  He was insubordinate to his platoon leader.  His supervision of preventive maintenance in the motor pool was substandard.  He had failed to dispatch generators for an important mission.  The applicant was relieved of his duties as a squad leader.  He was informed that his attitude must change.  The applicant acknowledged receipt of the LOR and indicated that he did not wish to make a statement.

9.  DA Form 4126 (Bar to Reenlistment Certificate) was initiated on 8 September 1987.  The company commander recommended that the applicant be barred to reenlistment due to his substandard performance as a noncommissioned officer and for his lack of leadership ability.  The applicant acknowledged receipt of the bar to reenlistment and stated that he did not think he could recover from this traumatic experience and that it would be best for the United States Army and him to be discharged from the service.

10.  The bar to reenlistment was approved by the appropriate authority on 22 September 1987.

11.  On 23 September 1987, the applicant requested under the provisions of Army Regulation 635-200 (Personnel Separations General Provisions for Discharge and Release), paragraph 16-5b, to be discharged from the United States Army.  He stated that he did not feel he was an asset to the United States Army or to his unit since he has a locally imposed bar to reenlistment.  He could not be promoted or further his advancement in the service.  He did not think he could overcome the bar to reenlistment.

12.  On 2 October 1987, the appropriate authority approved the applicant's request for separation and directed issuance of an Honorable Discharge Certificate. 

13.  On 9 October 1987, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-5b, due to a locally-imposed bar to reenlistment.  He was given a separation program designator (SPD) code of KGF and an RE code of 4.  His character of service was honorable.

14.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, prescribed eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve.  Chapter 3 of that regulation prescribed basic eligibility for prior-service applicants for enlistment and included a list of Armed Forces RE codes including RA RE codes.  RE 3C applied to persons separated from their last period of service who had completed over 4 months of service and had been denied reenlistment under the qualitative retention process [included local bar to reenlistment].

15.  Army Regulation 635-5-1 (Separation Program Designators, in effect at the time, provided 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 individuals separated with a locally-imposed bar to reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason on his DD Form 214 should be removed.

2.  The evidence of record clearly shows that the applicant had a locally-imposed bar to reenlistment and that he had requested a voluntary separation based on his belief that he could not overcome the bar.

3.  Regulatory guidance at the time provided for an SPD of KGF and an RE code of 3C for separations based on a locally imposed bar to reenlistment.

4.  Accordingly, the applicant's narrative reason for separation is correct as stated on his DD Form 214.  However, the RE code 4 is incorrect.  It should be corrected to read 3C.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing 3C in item 27 (Reenlistment Code) of his DD Form 214.



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the narrative reason for separation.



      ___________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)                                         AR20090004422





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ABCMR Record of Proceedings (cont)                                         AR20090004422



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