IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018042
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 to change the Separation Code and Narrative Reason for Separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his record does not reflect the financial, family medical, and mental hardships related to his military service which resulted in him being unable to complete 24 months of active duty service. Therefore, he does not qualify for certain Department of Veterans Affairs (VA) benefits he and his family would like to make use of.
3. The applicant provides a document from the VA.
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 18 January 1994.
3. On 8 November 1994, a local bar to reenlistment was imposed against the applicant. The evidence shows the applicant received counseling on 10 occasions for repeated unsuitable actions reflecting adversely on the applicant and the Army. It also appears the applicant was having financial difficulties. On 17 November 1994, the local bar to reenlistment was approved. The applicant did not appeal the local bar to reenlistment.
4. On 17 November 1994, the applicant requested early separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-5(b), due to his locally imposed bar to reenlistment.
5. On 12 December 1994, the approving authority approved the request for early separation under the provisions of Army Regulation 635-200, paragraph 16-5(b), for a locally imposed bar to reenlistment and directed the applicant be issued an honorable characterization of service and transferred to the Individual Ready Reserve.
6. On 24 January 1995, the applicant was honorably released from active duty after serving for a total of 1 year and 7 days of active service. The DD Form 214 he was issued shows in item:
a. 25 (Separation Authority), Army Regulation 635-200, paragraph
16-5b;
b. 26 (Separation Code), "MGH"; and
c. 28 (Narrative Reason for Separation), non-retention on active duty.
7. References:
a. 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.
b. 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. The SPD code of "MGH" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 16-5b, for non-retention on active duty.
c. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. It states that item 26 will list the SPD code and item 28 will list the narrative reason for separation based on regulatory or other authority and can be cross-referenced with Army Regulation 635-5-1.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant requested early separation under the provisions of Army Regulation 635-200, paragraph 16-5(b).
2. By regulation, the applicant's assigned SPD code of "MGH" was the proper code to assign enlisted members separated under the provisions of Army Regulation 635-200, paragraph 16-5(b), by reason of non-retention on active duty. Therefore, there is no basis for changing his SPD code.
3. The ABCMR does not grant requests solely for the purpose of making an applicant eligible for benefits. Every case is individually decided based upon its merits when an applicant makes his or her request.
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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