IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140012470
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 the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 January 1991 to show:
* he was not discharged by reason of a Bar to Reenlistment
* he was retired vice honorably discharged
2. The applicant states he deserves to be retired. His prior commander got mad at him because he (the applicant) was following the standing operating procedure. The commander's friend wanted to eat in the dining facility without the proper paperwork and he would not allow him permission to enter the dining facility. The lieutenant colonel got mad and that is the reason for the Bar to Reenlistment.
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. Having had prior active service, the applicant enlisted in the Regular Army (RA) on 20 June 1977. He served through several reenlistments and/or extensions and he was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 November 1983.
3. On 15 December 1989, the Department of the Army (DA) imposed a Bar to Reenlistment against him under the Qualitative Management Program (QMP) wherein it stated, in pertinent part, that after a comprehensive review of the applicant's records it was determined that he was to be barred from reenlistment.
4. He was honorably discharged from active duty on 7 July 1991. He completed 13 years, 6 months, and 18 days of creditable active service during this period of service and had a total of 16 years, 5 months, and 1 day of creditable active service.
5. The DD Form 214 he was issued for this period of service shows the following entries in:
* item 25 (Separation Authority) - that he was discharged under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 16-5a
* item 26 (Separation Code) - "KBF"
* item 28 (Narrative Reason for Separation) - "DA Imposed Bar to Reenlistment"
6. Army Regulation 635-200, paragraph 16-5a, in effect at the time, stated, in pertinent part, that Soldiers may be separated prior to expiration of term of service. When authorization limitations, strength restrictions, or budgetary constraints required the size of the enlisted force to be reduced, the Secretary of the Army would authorize voluntary or involuntary separation for the convenience of the Government, of RA noncommissioned officers (NCOs) and U.S. Army Reserve NCOs serving in an Active Guard Reserve status, under the QMP. The QMP is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified Soldiers, (3) deny continued service to nonproductive Soldiers, and (4) encourage Soldiers to maintain their eligibility for further service.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code of KBF is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 16-5a and "DA Imposed Bar to Reenlistment" is the corresponding entry for the narrative reason for separation.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms a DA Bar to Reenlistment was imposed against the applicant under the QMP and he was discharged on 7 January 1991 under the provisions of Army Regulation 635-200, paragraph 16-5a, with an SPD of KBF. His narrative reason for separation was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, paragraph
16-5a. This is the only valid narrative reason for separation permitted under that paragraph and is correctly shown on his DD Form 214. As the applicant did not have 20 years of active duty service, he was not entitled to be retired and was appropriately discharged. Therefore, 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) AR20140012470
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012470
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