BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003165 


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 show in:

* item 16 (High School Graduate or Equivalent) "YES"
* item 27 (Reenlistment Code) the reenlistment eligibility (RE) code of 3" instead of "4"

2.  He states:

	a.  He obtained a General Educational Development Certificate from the State of Texas on 8 July 1985.  

	b.  He served honorably during his service, he received many letters of commendation.  Due to personal differences with an officer in his unit, he was constantly harassed and targeted for disciplinary action.  He was given a locally-imposed bar to reenlistment that he believed he had no chance of overcoming.  His commanding officer, who was very supportive of him in this situation, advised him that he had the option of voluntarily separating from service before things had a chance to escalate into something worse, such as more disciplinary action or a court-martial.

	c.  He had to use his DD Form 214 for a background check.  He always believed he had an honorable discharge.  He was not aware of the negative impact of an RE code of "4" and he believes the code is unwarranted based on the circumstances.  He has served the government honorably the last 16 years.  
	d.  His performance was equal to or better than his fellow Soldiers.  He scored at the top of his class on the Soldier readiness test, and he received a letter of commendation from his base commander.  He was later chosen for the flag detail team because his uniform and living area were above par.  At his duty station, he was chosen to represent his unit during inspections and drills.  After his discharge, he continued to excel in his professional development.  He has worked for the State of Maryland for 16 years, and he has always received outstanding performance evaluations.  

3.  The applicant provides:

* a self-authored statement
* DD Form 214
* State of Texas Certificate of High School Equivalency and a related letter
* Record of Proceedings for Army Board for Correction of Military Records (ABCMR) Docket Numbers AR20050008190 and AR20070004321

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 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 29 April 1985, the applicant enlisted in the Regular Army.  His record shows that, at the time of his enlistment, he had not received a high school diploma.  

3.  On 27 October 1986, the applicant's company commander informed him he was recommending he be barred from reenlistment.  The applicant acknowledged receipt of the notification of a bar to reenlistment.  On 30 October 1986, the bar to reenlistment was approved.

4.  A DA Form 4187 (Personnel Action) shows, on 3 November 1986, the applicant requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-5b(1).  He acknowledged, in part, that he understood that once separated he would not be permitted to reenlist at a later date.  

5.  On 9 November 1986, the separation authority approved his request to be separated because of a locally imposed bar to reenlistment.  The separation authority directed that he receive an Honorable Discharge Certificate.  

6.  On 8 December 1986, he was honorably discharged in accordance with the separation authority's decision.  He completed 1 year, 7 months, and 10 days of net active service this period.  His DD Form 214 shows in:

* item 16 – an "X" in the box for "NO"
* item 25 (Separation Authority) – "AR 635-200 PARA 16-5B"
* item 26 (Separation Code) – "KGF"
* item 27 – "RE 4"
* item 28 (Narrative Reason for Separation) – "LOCALLY IMPOSED BAR TO REENLISTMENT"

7.  He provides a State of Texas Certificate of High School Equivalency issued on 8 July 1985.  

8.  He provides Records of Proceedings for ABCMR Docket Numbers AR20050008190 and AR20070004321.  

	a.  In ABCMR Docket Number AR20050008190, the applicant requested a change of her RE code of "4."  The applicant had received a bar to reenlistment based on her failure to respond to duty requirements because of parenthood.  She was honorably discharged in 1991 under the provisions of Army Regulation 635-200, Chapter 16, by reason of bar to reenlistment.  She was assigned a separation program designator (SPD) code of "KGF" and an RE code of "4."  The Board granted relief by correcting her DD Form 214 to show she was assigned an RE code of "3."

	b.  In ABCMR Docket Number AR20070004321, the applicant requested that his RE code be changed from "4" to "3."  The applicant had received a bar to reenlistment in 1986 and based on his request he was discharged in 1986 under the provisions of Army Regulation 635-200, paragraph 16-5b.  He was assigned an SPD code of "KGF" and an RE code of "4."  The Board granted relief by correcting his DD Form 214 to show he was assigned an RE code of "3."



	c.  In both cases, it was noted that, per the SPD/RE Code Cross Reference Table and per information obtained from the U.S. Army Human Resources Command, respectively, Soldiers who had a local bar to reenlistment with less than 18 years of service would receive an RE code of "3."

9.  Army Regulation 635-200 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.  

10.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation in effect at the time stated the reason for discharge based on a separation code of "KGF" is "HQDA [Headquarters, Department of the Army] imposed bar to reenlistment, or locally imposed bar to reenlistment" and the regulatory authority is Army Regulation 635-200, paragraph 16-5a or b.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant had been issued a State of Texas Certificate of High School Equivalency prior to his discharge.  Therefore, it would be appropriate to correct item 16 of his DD Form 214 to show "YES."  

2.  His request to be discharged shows he received a locally imposed bar to reenlistment.  When he was discharged he had less than 18 years of service.  The proper RE code associated with this type of discharge is an RE code of "3."  It would be appropriate to correct his DD Form 214 to show he received an RE code of "3."

BOARD VOTE:

__X___  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show "YES" in item 16 and an RE code of "3" in item 27.



      _______ _   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)                                         AR20130003165



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130003165



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1