IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013231
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, in effect, correction of item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "early release due to the convenience of the government" vice "locally-imposed bar to reenlistment."
2. The applicant states his unit had just returned from Operations Desert Shield/Desert Storm and many of the enlisted personnel were offered an early release. They were told they would be given an honorable discharge but would have to report to a Reserve unit subject to recall. He decided to take the early release but was not told he would lose his benefits because he only completed 33 months of active duty and needed to complete 36 months. The records sergeant said he was not sure what code to use for early release. The acting executive officer indicated his separation should annotate he was overweight for being noncompliant with body fat standards. However, he was never counseled or disciplined for exceeding the Army height/weight standards. He wants his record to reflect he was released for military convenience.
3. The applicant provides no additional evidence.
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's records show he enlisted in the Regular Army on 1 September 1989 and he held military occupational specialty 63T (Bradley Fighting Vehicle System Mechanic). He served in Southwest Asia from 9 October 1990 to 16 April 1991 while assigned to the 1st Battalion, 5th Infantry, Fort Hood, TX.
3. The specific facts and circumstances surrounding his separation processing are not available for review with this case. However, the DD Form 214 he was issued shows he was honorably released from active duty on 14 July 1992 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-5b, by reason of "locally imposed bar to reenlistment." He completed 2 years, 10 months, and 14 days of creditable active service.
4. A review of item 21 (Signature of Member Being Separated) shows the applicant signed the DD Form 214.
5. Army Regulation 635-200 in effect at the time allowed for the early separation of personnel who received a bar to reenlistment. Paragraph 16-5b stated Soldiers who perceived they would be unable to overcome a locally-imposed bar to reenlistment could apply for immediate separation. Approved requests for separation would be irrevocable. The service of a Soldier discharged per this paragraph would be characterized as honorable unless an entry-level separation was required. The Soldier's request for early separation would include the following statement: "I understand that if my request for separation before my normal expiration of term of service is approved, it will be for my own convenience."
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. Soldiers being voluntarily separated under Army Regulation 635-200, paragraph 16-5b, use "locally-imposed bar to reenlistment" as the narrative reason for separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of the specific facts and circumstances surrounding his release from active duty. However, his DD Form 214 shows he was honorably released from active duty under the provisions of Army Regulation 635-200, paragraph 16-5b, by reason of a locally-imposed bar to reenlistment. Releases from active duty under the provisions of Army Regulation 635-200, paragraph 16-5b, are voluntary requests for separation. Separations under this provision were allowed for the convenience of the Soldier.
2. In the absence of evidence to the contrary, it is presumed his separation processing was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. It appears his narrative reason for separation was correctly assigned based his separation under the provisions of Army Regulation 635-200, paragraph16-5b, due to a locally-imposed bar to reenlistment. Therefore, there is insufficient evidence to support a change to the narrative reason for separation.
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) AR20110013231
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ABCMR Record of Proceedings (cont) AR20110013231
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