BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140003179
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 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.
2. The applicant states paragraph 16-4a pertains to U.S. Army Reserve (USAR) Soldiers. He further states he believes the error is making it difficult for him to serve in the Louisiana Army National Guard.
3. The applicant provides:
* DD Form 214
* DA Form 4187 (Personnel Action)
* DA Form 4187-1-R (Personnel Action Form Addendum)
* DA Form 4991-R (Declination of Continued Service Statement (DCSS))
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 3 May 2006.
2. On 16 April 2013, he signed a DCSS, wherein he refused to take action to acquire sufficient remaining service to satisfy operational commitments. In doing so, he understood he was subject to separation upon his expiration of term of service (ETS) date.
3. On 3 July 2013, he requested separation in accordance with Army Regulation 635-200, paragraph 16-4b, by reason of his DCSS. The request was subsequently approved by his chain of command.
4. On 27 September 2013, he was honorably discharged. His DD Form 214 contains the following information:
* Item 25 (Separation Authority) shows he was separated under the provisions of Army Regulation 635-200, paragraph 16-4a
* Item 26 (Separation Code) contains the entry "KGH"
* Item 27 (Reentry (RE) Code) contains the entry "3"
* Item 28 (Narrative Reason for Separation) contains the entry "Non-Retention on Active Duty"
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 (Selected Changes in Service Obligations) covers discharges caused by changes in service obligations. The following pertinent paragraphs are as follows:
a. Paragraph 16-4a, locally imposed bar to reenlistment. USAR Active Guard Reserve Soldiers who perceive they will be unable to overcome a field commander's bar to reenlistment imposed by Army Regulation 140-111 (USAR Reenlistment Program) may request voluntary separation. This provision does not apply to RA Soldiers.
b. Paragraph 16-4b. 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 Army Regulation 601-280 (Army Retention Program) may request voluntary separation.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The SPD code of "KGH" is the correct code for RA Soldiers and USAR Soldiers who fall under the purview of paragraphs 16-4a or 16-4b of Army Regulation 635-200.
7. The SPD/RE Code Cross Reference Table provides instructions for determining the RE Code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table in effect at the time of his discharge shows the SPD code of "KGH" has a corresponding RE Code of "3."
8. Army Regulation 601-210 (RA and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 included a list of the RA RE codes. An RE code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable; those individuals are ineligible unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms he received an approved separation under Army Regulation 635-200, paragraph 16-4b, by reason of DCSS.
2. It appears a typographical error occurred at the time he was issued his DD Form 214; therefore, he is entitled to correction of this form to show his Separation Authority as "Army Regulation 635-200, Para 16-4B."
3. His SPD Code and RE Code, as shown on his DD Form 214, are correct as stated; therefore, no correction to these entries is necessary.
BOARD VOTE:
____X____ __X______ __X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 25 of his DD Form 214 and replacing it with the entry "Army Regulation 635-200, Para 16-4B."
_______ _ 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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