BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110011176 


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 records to show he completed 2 full years of service.  

2.  The applicant states he would like to receive full Department of Veterans Affairs (VA) benefits.  He was discharged in 1987 prior to completing his enlistment.  He had to go to Illinois before his father passed away.  His father was having double bypass surgery and he was not expected to make it.  His mother was depressed and suicidal.  He had to make a decision at the time.  In any case, he is now a registered nurse and he would like to work at the VA hospital.  He would also like to have his health benefits through the VA hospital.  Although he was honorably discharged, he was credited with only 1 year of active service.  He would have stayed longer but the discharge the Army offered him at the time was the only one offered.  

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 for 2 years on 10 November 1986. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).

3.  On 26 August 1987, he was convicted by a summary court-martial of one specification of failing to go at the time prescribed to his appointed place of duty, two specifications of larceny, one specification of misappropriation of an identification card, and one specification of forging a check.

4.  On 29 September 1987, his immediate commander initiated a Bar to Reenlistment Certificate against him citing his court-martial conviction and misconduct.  He was provided with a copy of this bar but he elected not to submit a statement on his own behalf.  The bar was ultimately approved by the approval authority.

5.  On 1 October 1987, the applicant submitted a DA Form 4187 (Personnel Action) requesting immediate separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-5b(1), by reason of inability to overcome a locally imposed bar to reenlistment.  He acknowledged he was submitting this request for his own convenience.  On the same date, his company commander recommended approval of the applicant's request.

6.  Consistent with the immediate commander's recommendation, the separation authority approved the applicant's voluntary request and directed his separation with an honorable characterization of service.  Accordingly, the applicant was discharged on 3 November 1987.

7.  His DD Form 214 shows he was honorably discharged on 3 November 1987.  He completed 11 months and 24 days of creditable active service.  Additionally, this form shows in:

* item 25 (Separation Authority) the entry "Paragraph 16-5b, Army Regulation 635-200"
* item 26 (Separation Code) the entry "KGF"
* item 27 (Reenlistment Code) the entry "RE-4"
* item 28 (Narrative Reason for Separation) the entry "Locally imposed bar to reenlistment"

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligation.  Paragraph 16-5b(1) of the regulation in effect at the time of his discharge stated that members who perceive that they will be unable to overcome a locally imposed bar to reenlistment may apply for immediate separation.  

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code KGF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-5b, by reason of a locally imposed bar to reenlistment.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was convicted by a summary court-martial for various offenses which led his chain of command to initiate a bar to reenlistment action against him.  He perceived that he was unable to overcome this locally imposed bar to reenlistment and he elected to request immediate separation.  The separation authority approved his request and he was ultimately discharged on 3 November 1987.  

2.  His contention that he could have served longer is without merit.  He was discharged under the provisions of Army Regulation 635-200, paragraph 16-5b, due to his belief that he could not overcome a locally imposed bar to reenlistment.  Absent the bar and his perception of his inability to overcome it, there was no fundamental reason to process him for discharge.  The underlying reason for his discharge was his bar to reenlistment.  The only valid narrative reason for separation permitted under that paragraph is "locally imposed bar to reenlistment" with assignment of an SPD code of KGF, which are properly shown on his DD Form 214.

3.  He completed 11 months and 24 days of creditable active service which is appropriately shown on his DD Form 214.  There is no evidence he completed any other period of active service.  

4.  In view of the foregoing evidence, he is not entitled to the requested relief.


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)                                         AR20110011176



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ABCMR Record of Proceedings (cont)                                         AR20110011176



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