BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150000245
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 the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 May 1999 from "Voluntary early release in the best interest of the government" to "Expiration of term of service, honorable discharge."
2. The applicant states the supervisor he had at the 99th Regional Support Command (RSC), Oakdale, PA was not pleased that he did not reenlist upon the expiration of his term of service. He explained to him that he could not reenlist at that time, because he was going through a divorce and was fighting for (custody of) his daughter. He completed all required service time according to his Enlistment/Reenlistment Contract and had no lost time. He has all supporting enlistment documentation from that time period, as well as his final Noncommissioned Officer Evaluation Report (NCOER) from the 99th RSC. There is nothing to indicate that he served other than honorably. He entered the Pennsylvania Army National Guard (PAARNG) later that year and retired in 2005. The narrative reason for separation used was completely unprofessional and attacks his personal character. As the Board can see, his signature is on the DD Form 214 in question. This is due to his supervisor covering up the bottom of the form with a ruler, telling him to use it as a guide, and to just sign above it.
3. The applicant provides his DD Form 214, DD Form 4 (Enlistment/ Reenlistment Contract), Active Guard Reserve (AGR) orders, and his NCOER for the rating period July 1997 through June 1998.
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 applicants records show he enlisted in the U.S. Army Reserve for
8 years on 19 June 1985 and he held military occupational specialties 43E (Parachute Rigger), 11B (Infantryman), 12B (Combat Engineer), and 00E (Recruiter).
3. On 2 August 1990, the U.S. Army Reserve Personnel Center, St. Louis, MO, published Orders R-08-004242 ordering him to active duty in an AGR status for a 3-year commitment, effective 8 October 1990. The authority is listed as Title 10, U.S. Code (USC), section 672(d).
4. He entered active duty on 28 September 1990 and he was assigned to the U.S. Army Recruiting Battalion, Dallas, TX, with duty at Arlington Recruiting Company. He executed a 3 year and 9 month extension on 1 October 1990.
5. On 8 July 1993, the U.S. Army Reserve Personnel Center, St. Louis, published Orders R-07-000578 ordering him to active duty in an AGR status for a 6-year commitment, effective the date of his reenlistment (26 May 1993).
6. He executed a 6-year reenlistment on 26 May 1993, and a 3-year reenlistment on 19 April 1999. He was promoted to staff sergeant/E-6 in December 1995.
7. The complete facts and circumstances surround his discharge are not available for review with this case. However, his records contain a DD Form 214 that shows he was honorably discharged from active duty on 25 May 1999 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 also shows:
* he completed 8 years, 7 months, and 28 days of active service
* Item 25 (Separation Authority), Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 5
* Item 28 (Narrative Reason for Separation), the entry "Voluntary Early Release in the Best Interest of the Government"
8. He enlisted in the PAARNG on 7 October 1999 and he was transferred to the Retired Reserve on 16 September 2005 after having received his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
9. Army Regulation 635-200, in effect at the time (26 June 1996), set policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons. Chapter 5 provided for separation for the convenience of the Government. Paragraph 5-1 states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry level status.
a. Sub-paragraph 5-16(a) states United States Army Reserve Soldiers serving tours under Title 10, USC, section 672(d) may be released from active duty for the convenience of the Government, prior to completion of their AGR tour, under the following circumstances: (1) AGR Soldiers may be voluntarily released from active duty, at their request, when such release is fully justified and determined to be in the best interest of the Government; and (2) AGR Soldiers serving on an initial tour as recruiters may be involuntarily released from active duty when a determination has been made that they are unqualified, ineffective, or unsuitable for continued recruiting duty, and that early release is in the best interest of the Government.
b. Sub-paragraph 5-16(a) states the notification procedure will be used for Soldiers involuntarily released from active duty under this paragraph. However, the procedure for requesting an administrative board is not applicable.
c. Sub-paragraph 5-16(c) states Soldiers released from active duty under this paragraph will be awarded a character of service of honorable.
d. Sub-paragraph 5-16(d) states the Chief, Army Reserve, the Commander, Army Personnel Center, or higher authority within the office of the Secretary of the Army are authorized to order release from active duty under this paragraph. This authority may not be further delegated.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active duty in an AGR status under the authority of Title 10, USC, section 672(d), initially for 3 years and later for 6 years. The complete facts and circumstances surrounding his discharge are not available for review with this case. However, his records contain a DD Form 214 that shows he was honorably discharged from active duty on 25 May 1999 under the provisions of AR 635-200, chapter 5, by reason of "Voluntary Early Release in the Best Interest of the Government."
2. Paragraph 5-16 of Army Regulation 635-200 in effect at the time authorized AGR Soldiers to be voluntarily released from active duty, at their request, when such release was fully justified and determined to be in the best interest of the Government. In the absence of evidence to the contrary, it appears the applicant voluntarily requested an early release from the AGR program. As a result, the proper authority for discharge and narrative reason for separation are listed on his DD Form 214.
3. The authority for discharge and narrative reason for separation are not derogatory as the applicant believes. Chapter 5 includes multiple reasons for administrative separations of enlisted personnel, including USAR Soldiers released from the AGR program. In the absence of documentary evidence of an error, there is no basis for granting 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.
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