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 4991R pursuant to Army Regulation 601280 (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.
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