IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110008156 


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 narrative reason for separation of "locally imposed bar to reenlist" as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* he has a claim for Department of Veterans Affairs benefits, Supplemental Security Income/Disability, and full disability
* he advised his commander that he was gay and requested to be discharged 
* he has been diagnosed with being bi-polar level II, has a heart murmur which has led to congenital heart disease, and a mental disorder

3.  The applicant provides personal statements and a listing of medical facilities possessing copies of his medical records.

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.  Available records show the applicant enlisted in the Regular Army on 30 December 1991.  He completed training and was awarded military occupational specialty 75B (Personnel Administration Specialist).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  On 9 February 1993, the applicant's commander initiated a DA Form 4126-R (Bar to Reenlistment Certificate).

4.  The DA Form 4126-R shows the following:

* item 8 (Record of Nonjudicial Punishment) (Article 15) – on 20 November 1992, the applicant received nonjudicial punishment for altering an official record under the provisions of Article 15, Uniform Code of Military Justice
* item 9 (Record of Non-Payment of Just Debts) – on 31 December 1992, the applicant received a letter of indebtedness from the Ford Motor Credit Company
* item 10 (Other Factual and Relevant Indicators of Untrainability or Unsuitability) – the applicant received a U.S. Marshal pre-arrest for speeding and had his check cashing privileges suspended

5.  On 2 March 1993, the separation authority approved the DA Form 4126-2.  Further, the applicant's DA Form 2-1 (Personnel Qualification Record – Part II), item 4 (Assignment Considerations), shows the applicant was not recommended for further service.

6.  On 20 July 1993, the applicant requested separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-5b.  The applicant acknowledged he understood that once separated he would not be permitted to reenlist at a later date.  The separation authority approved the request and directed the issuance of an honorable discharge.

7.  The applicant's DD Form 214 shows he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-5b, with a narrative reason for separation of "locally imposed bar to reenlistment."

8.  Item 26 (Separation Code) of the applicant's DD Form 214 shows the separation program designator code "KGF" which indicates he failed to meet minimum qualifications for retention.  Item 27 (Reentry Code) of the applicant's DD Form 214 shows a reentry eligibility (RE) code of "RE-3" which indicates he is ineligible to enlist or reenlist without a waiver.

9.  A review of the applicant's military personnel records failed to reveal any evidence of the applicant's alleged homosexuality or a mental disorder.

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 Department of the Army-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 he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his narrative reason for separation of "locally imposed bar to reenlistment" be corrected was carefully considered and determined to lack merit.

2.  Records show the applicant requested separation and indicated he understood he would be ineligible to reenlist at a later date.  However, the RE-3 code can be waived for reenlistment, contingent upon the needs of the service.

3.  There is no evidence in the record nor has the applicant provided any evidence which indicates he was homosexual or had a mental disorder.

4.  Therefore, in view of the foregoing, there is no basis for granting the applicant's requested relief.

5.  The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for other programs.



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 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)                                         AR20110008156



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ABCMR Record of Proceedings (cont)                                         AR20110008156



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