IN THE CASE OF:
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130012743
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 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show hardship or early out.
2. The applicant states he was given an early out due to hardship and personal reasons but item 28 of his DD Form 214 omits the term hardship or early out.
3. The applicant provides his DD Form 214.
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 enlisted in the Regular Army on 20 February 1990 and he held military occupational specialty 16D (Hawk Missile Crewmember). On or about 8 July 1990, he was assigned to the 3rd Battalion, 52nd Air Defense Artillery Regiment, Germany.
3. He received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, as follows on:
* 14 January 1991, for being disrespectful to his superiors
* 29 May 1991, for sleeping while on guard duty
* 21 October 1991, for disobeying a lawful order
4. On 20 November 1991, a bar to reenlistment was placed against him for the three Article 15s and the numerous negative counselings he received for his unsatisfactory performance and conduct.
5. On 27 November 1991, he submitted a request for immediate separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 16-5b, as he felt he could not overcome the locally-imposed bar to reenlistment.
6. On 1 December 1991, the separation authority approved his request and directed the issuance of an Honorable Discharge Certificate. On 10 December 1991, he was discharged accordingly.
7. The DD Form 214 he was issued shows the following entries in:
* item 25 (Separation Authority) Army Regulation 635-200, paragraph 16-5b
* item 26 (Separation Code) KGF
* item 28 Locally Imposed Bar to Reenlistment
8. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Paragraph 16-5b of the regulation specified that Soldiers denied reenlistment could be voluntarily separated before the expiration of their term of service. Soldiers who perceived that they would be unable to overcome a locally imposed bar to reenlistment could request immediate separation. The service of Soldiers separated under this paragraph would be characterized as honorable.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, the SPD codes to be entered on the DD Form 214 and the corresponding narrative reason for separation. It states the SPD code of KGF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-5b and "locally imposed bar to reenlistment" is the corresponding narrative reason for separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms a bar to reenlistment was placed against the applicant on 20 November 1991 and he subsequently requested discharge under the provisions of Army Regulation 635-200, paragraph 16-5b as he felt he could not overcome the bar. He was discharged accordingly on 10 December 1991.
2. His narrative reason for discharge was assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, paragraph
16-5b. The only valid narrative reason for separation permitted under that paragraph is "locally imposed bar to reenlistment" which is properly reflected on his DD Form 214.
3. In view of the foregoing, he is not entitled to the 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) AR20130012743
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ABCMR Record of Proceedings (cont) AR20130012743
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