BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130011737
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 removal of his local bar to reenlistment.
2. The applicant states when he got discharged he was offered a chance to stay and have the bar lifted if he reenlisted for 4 more years and went to Korea. At the time, he was very young and had a drug problem so he chose to leave the service.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 February 1988.
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. On 25 July 1986, he enlisted in the Regular Army at the age of 18 for 3 years. On 12 November 1986, he was assigned to Company B, 3rd Battalion,
187th Infantry Regiment at Fort Campbell, KY.
3. On 20 October 1987, he accepted nonjudicial punishment (NJP) for wrongfully using marijuana from on or about 25 July to on or about 25 August 1987.
4. On 12 November 1987, the applicant's commander initiated a local Bar to Reenlistment Certificate, recommending that the applicant be barred from reenlistment based on his NJP for wrongful use of marijuana.
5. A DA Form 4126-R (Bar to Reenlistment Certificate), dated
12 November 1987, documents that the applicant was furnished a copy of the recommendation. The form further shows:
* he acknowledged that he received a copy of his commander's recommendation to bar him from further reenlistment
* he was counseled and advised of the basis for the action
* he indicated he did not desire to submit a statement in his own behalf
* the bar to reenlistment was approved on 18 November 1987
6. On 28 January 1988, he submitted a request to be discharged under the provisions of chapter 16 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). He stated he was unable to overcome the reasons for his bar to reenlistment. He stated he understood:
* if his request for separation before the normal expiration of his term of service was approved, it would be for his own convenience
* recoupment of unearned portions of Enlisted Bonus/Selective Reenlistment Bonus was required
* once separated he would not be permitted to reenlist at a later date
7. The appropriate authority approved his request for discharge and directed he be issued an Honorable Discharge Certificate.
8. On 5 February 1988, he was discharged in accordance with paragraph 16-5b of Army Regulation 635-200. He had completed 1 year, 6 months, and 11 days of active service that was characterized as honorable.
9. Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel. Paragraph 16-5b stated that Soldiers who perceived that they would be unable to overcome a locally imposed bar to reenlistment could apply for immediate discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants age at time of enlistment was noted. However, many Soldiers enlisted at a young age and went on to complete their enlistments without getting involved with illegal substances or receiving a bar to reenlistment. Therefore, the age of the applicant cannot be used as a reason to remove his bar to reenlistment.
2. His commander initiated a bar to reenlistment based on specific incidents of substandard performance. He was counseled and furnished a copy of the recommendation. He acknowledged he was counseled and advised of the basis for the bar to reenlistment. He did not submit any statements in his own behalf.
There is no indication of procedural or other errors that would tend to jeopardize his rights. Therefore, there is no basis to remove the bar to reenlistment.
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) AR20130011737
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ABCMR Record of Proceedings (cont) AR20130011737
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