Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130009846
Original file (20130009846.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  11 February 2014

		DOCKET NUMBER:  AR20130009846 


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 item 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 April 2012 to show a code other than KGH.

2.  The applicant states he needs his separation code changed so he may enlist in the Army National Guard (ARNG).  Recruiters have told him that his current code bars him from enlistment in the ARNG.  They suggested that he complete this request in order to get the code changed.  He served honorably from 23 July 2002 to 8 May 2005 and from 21 February 2006 to 15 April 2012.  On both occasions, he was honorably discharged with no violations or record of misconduct.

3.  The applicant provides two DD Forms 214 and three memoranda.

CONSIDERATION OF EVIDENCE:

1.  Having had prior active service, the applicant enlisted in the Regular Army (RA) on 21 February 2006 for a period of 4 years and he held military occupational specialty 15T (UH-60 Helicopter Repairer).  

2.  On 23 February 2010, he reenlisted in the RA for 3 years.  His new expiration of term of service (ETS) date was 22 February 2013.  


3.  He was assigned to the 2nd Battalion, 3rd Combat Aviation Brigade, Hunter Army Airfield, GA.

4.  He subsequently came on orders for assignment to Fort Wainwright, AK.  In order to be eligible for the assignment, he was advised that he needed to reenlist or extend his enlistment in order to acquire the necessary remaining service requirement to complete his tour of duty in Alaska.  As of 10 May 2012, he must have 36 months of service remaining prior to his ETS date.

5.  On 1 December 2011, he signed a DA Form 4991-R (Declination of Continued Service Statement) wherein he acknowledged he had been advised of the options available to acquire sufficient remaining service to satisfy the commitment, but refused to take necessary action to meet the length of service requirement.  He initialed this form to indicate, in part, he understood he would be placed in a non-promotable status, be prohibited from reenlistment or extension of enlistment, and he was eligible to request voluntary separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-4a.

6.  On 1 December 2011, he submitted a DA Form 4187 (Personnel Action) requesting voluntary separation from active duty under the provisions of Army Regulation 635-200, paragraph 16-4a.

7.  He was honorably discharged from active duty on 15 April 2012 under the provision of Army Regulation 635-200, paragraph 16-4a by reason of non-retention on active duty.

8.  Item 26 of the DD Form 214 he was issued for this period of service shows the entry KGH.

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 obligation.  Paragraph 16-4a pertains to separations resulting from a Soldier's declination of continued service.  It states that RA Soldiers, serving on a second or subsequent enlistment, who refuse to take action to meet the remaining military service requirements by signing a DA Form 4991–R pursuant to Army Regulation 601–280 (Army Retention Program) may request a voluntary separation.  The service of Soldiers separated under this paragraph will be characterized as honorable.



10.  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 of KGH is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-4a, by reason of non-retention on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant signed a Declination of Continued Service Statement on 1 December 2011 and submitted a request for separation from active duty under the provisions of Army Regulation 635-200, paragraph 16-4a, on the same date.  

2.  His request was approved and he was honorably discharged on 15 April 2012 under the provisions of Army Regulation 635-200, paragraph 16-4a, by reason of non-retention on active duty.  The SPD code of KGH as shown in item 26 of his DD Form 214 is the correct code for Soldiers separated for non-retention on active duty.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or other benefits.  Every case is individually decided based upon its merits when an applicant requests a correction to his/her military records.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20130009846





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009846



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140003179

    Original file (20140003179.txt) Auto-classification: Approved

    BOARD DATE: 30 September 2014 DOCKET NUMBER: AR20140003179 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation authority as Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 16-4b rather than paragraph 16-4a. The applicant states paragraph 16-4a pertains to U.S. Army Reserve (USAR) Soldiers.

  • ARMY | BCMR | CY2014 | 20140004447

    Original file (20140004447.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 16 October 2014 DOCKET NUMBER: AR20140004447 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. At the time of the applicant's separation action, the SPD code of "KGH" was used when a Soldier was separated by reason of non-retention under paragraph 16-4, Army Regulation 635-200. The applicant was assigned an RE code of 3.

  • ARMY | BCMR | CY2014 | 20140004447

    Original file (20140004447 .txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 16 October 2014 DOCKET NUMBER: AR20140004447 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. At the time of the applicant's separation action, the SPD code of "KGH" was used when a Soldier was separated by reason of non-retention under paragraph 16-4, Army Regulation 635-200. The applicant was assigned an RE code of 3.

  • ARMY | BCMR | CY2011 | 20110006062

    Original file (20110006062.txt) Auto-classification: Approved

    He states, in effect, that he signed a DA Form 4991-R (Declination of Continued Service Statement) which stipulated that following separation he would be prohibited to apply for reentry into the Active Army for a period of at least 93 days if separated at his normal expiration term of service (ETS) date, and at least 2 years if voluntarily separated before ETS under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 16. His DD Form 214 shows: * his service was...

  • ARMY | BCMR | CY2009 | 20090010247

    Original file (20090010247.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-200, chapter 16, specifies that Soldiers serving on a second or subsequent enlistment who are denied or ineligible for continued active duty service for refusing to take action to meet military service remaining requirements may request voluntary separation by signing a DA Form 4991–R pursuant to Army Regulation 601-280 (Army Retention Program). As a result, the Board recommends...

  • ARMY | BCMR | CY2003 | 2003088835C070403

    Original file (2003088835C070403.rtf) Auto-classification: Denied

    Prior to the period of service under review, the applicant served honorably in the Regular Army (RA) from 25 June 1991-18 June 1998 when he was separated for immediate reenlistment. An RE code of RE-4 and a separation code of "KGH" apply to those individuals discharged under the provisions of chapter 16-5b, AR 635-200, as a result of a bar to reenlistment. Based upon the stated separation authority and narrative reason for separation, the applicant's separation code and RE code are correct.

  • ARMY | BCMR | CY2008 | 20080017692

    Original file (20080017692.txt) Auto-classification: Denied

    The applicant requests, in effect, change of his separation and reentry eligibility (RE) codes so he may reenter the Army. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. There is no evidence in the applicant's military service records that shows he applied for a waiver of his RE Code...

  • ARMY | DRB | CY2009 | AR20090010815

    Original file (AR20090010815.txt) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 16-4A, AR 635-200, by reason of non-retention on active duty, with a characterization of service of honorable. Furthermore, the analyst noted the applicant's issue and determined that when the applicant authenticated Declination of Continued Service Statement with his signature, he understood that once separated, he would be prohibited to apply for reentry into the Active Army for a period of at least 93 days...

  • ARMY | BCMR | CY2010 | 20100028746

    Original file (20100028746.txt) Auto-classification: Denied

    At the time of the applicant's separation action, the SPD code of "MGH" was used when a Soldier was separated by reason of non-retention under paragraph 16-5, Army Regulation 635-200. Upon separation he was assigned an RE code of 3. This was the appropriate code for the applicant based on the guidance provided in the applicable regulation for Soldiers separating by reason of non-retention due to signing a DCSS.

  • ARMY | DRB | CY2013 | AR20130002449

    Original file (AR20130002449.txt) Auto-classification: Denied

    The DD Form 214 indicates that on 17 December 2006, the applicant was discharged under the provisions of Chapter 19-12, AR 635-200, for non-retention on active duty, with a characterization of service of honorable. Declination of continued service; RA Soldiers serving on a second or subsequent enlistment who refuse to take action to meet military service remaining requirements by signing DA Form 4991–R pursuant to AR 601–280 may request voluntary separation. There is sufficient evidence...