IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100026822
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 the separation program designator (SPD) code that his listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty)
2. The applicant states, in effect, he received a bar to reenlistment and he could not attain the rank of sergeant/E-5. He subsequently was discharged and was assigned an SPD code of KGF. He was told he could get the SPD upgrade at a future date. He is applying for Department of Veterans Affairs (VA) benefits and needs to have his SPD changed.
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 15 June 1981, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 88M (Motor Transport Operator).
3. Orders 70-7, 369th Personnel Services Company, dated 30 March 1987, promoted the applicant to sergeant, pay grade E-5, with a date of rank of
8 March 1987.
4. A DA Form 4126 (Bar to Reenlistment Certificate), dated 17 December 1987, denied the applicant eligibility to reenlist. This form indicated he had an outstanding debt with the Army and Air Force Exchange Service. He also struck at a Soldier with his closed fist for which he subsequently accepted nonjudicial punishment which included a reduction to pay grade E-4.
5. On 4 January 1988, the applicant requested an immediate discharge from the military based on his inability to overcome the bar to reenlistment. The request was approved by the appropriate authority.
6. On 13 January 1988, the applicant was discharged from the U.S. Army under the provisions of Army Regulation 635-200, paragraph 16-5, due to a locally imposed bar to reenlistment with an SPD code of KGF. His characterization of service is honorable.
7. Army Regulation 635-200 (Enlisted Personnel Separations), as in effect at the time, provided that Soldiers who perceived that they would be unable to overcome a locally imposed bar to reenlistment could apply for immediate discharge.
8. Army Regulation 635-5-1 (Separation Program Designator (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 Army Regulation 635-200, paragraph 16-5, due to a locally imposed bar to reenlistment. Additionally, the SPD/RE Code Cross Reference Table establishes RE Code 4 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SPD code that is shown on his DD Form 214 should be changed because he needs to apply for VA benefits.
2. The available evidence clearly shows the applicant received a local bar to reenlistment and he requested immediate discharge because of his inability to overcome the bar. Accordingly, he was honorably discharged and correctly assigned an SPD code of KGF based on his reason for discharge.
3. There are no provisions, automatic or otherwise, to provide for changing the reason of his discharge simply because he now wants to apply for VA benefits.
4. There is no evidence of an error or injustice in this case. Therefore, the applicant's request should be denied.
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) AR20100026822
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ABCMR Record of Proceedings (cont) AR20100026822
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