PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 June 2000
	DOCKET NUMBER:   AR2000038883

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W.S. Chun		Director	
	Ms. McKim-Spilker			

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, removal of his narrative reason for separation, locally imposed bar to reenlistment.

3.  He states, in effect, that it has been over 10 years since his separation and he has not been cited for any other disciplinary actions; that his access to upper management civilian employment has been hampered by the narrative reason for discharge cited on his DD Form 214; and, that his bar to reenlistment should be declared a nullity by statute.

4.  The applicant’s military record shows that on 16 March 1977 the applicant enlisted in the Regular Army (RA) for a period of 3 years unassigned.  He successfully completed basic combat training at Fort Knox, Kentucky, and advanced individual training at Fort Jackson, South Carolina.  He was thereafter assigned to Germany. 

5.  On 25 September 1979, while in Germany, he was honorably discharged for the purpose of immediate reenlistment.  On 26 September 1979 he reenlisted in the RA for a period of 4 years.  At the time of his reenlistment he held the rank of specialist/E-4 and had completed 2 years, 6 months, and 10 days of prior active honorable service.  A DD Form 214 was provided to the applicant reflecting his aforementioned honorable service.

6.  On 27 January 1980, while in Germany, he was promoted to specialist/E-5.

7.  On 26 September 1981 the applicant departed Germany in casual status en route to Fort Bragg, North Carolina.

8.  On 1 September 1982 the applicant departed Fort Bragg, North Carolina, in casual status en route to Germany.

9.  On 14 August 1983, while in Germany, he was honorably discharged for the purpose of immediate reenlistment.  On 15 August 1983 he reenlisted in the RA for a period of 6 years.  

10.  On 4 November 1984, while in Germany, he was promoted to staff sergeant/E-6. 

11.  On 25 February 1985 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for failing to go to his appointed place of duty.  The punishment imposed consisted of a forfeiture of $268.

12.  On 23 July 1986 he accepted NJP for failing to go to his appointed place of duty. The punishment imposed consisted of a forfeiture of $200 and 14 days restriction and extra duty.

13.  On 20 February 1987 he accepted NJP for failing to follow a lawful order and for allowing a non-licensed soldier to operate a government owned vehicle. The punishment imposed consisted of reduction to E-5 (suspended) and a forfeiture of $400 pay per month for 2 months.

14.  On 7 May 1987 his commanding officer informed him that he was recommending that the applicant be barred from reenlistment.  The bar to reenlistment made reference to the aforementioned NJPs and numerous counseling statements.  The applicant acknowledged receipt of a copy of his commander’s recommendation and indicated he would submit a statement in his own behalf.  That statement is not a matter of record.   

15.  On 29 May 1987 the bar to reenlistment was approved.

16.  On 31 March 1988 he accepted NJP for driving while intoxicated.  The punishment imposed consisted of reduction to E-5, and a forfeiture of $600 pay per month for 2 months, and 45 days restriction and extra duty.

17.  On 12 April 1988 the applicant submitted a request for voluntary separation from the Army under the provisions of chapter 16, AR 635-200, because he felt that he would not be able to overcome the locally imposed bar to reenlistment.  He authenticated a statement acknowledging that once he was separated from the Army, he would not be permitted to reenter the RA at a later date.

18.  On 18 April 1988 the appropriate authority approved the applicant’s request for separation and issuance of an Honorable Discharge Certificate.  Accordingly, he was discharged on 29 April 1988 with 8 years, 7 months, and 4 days, active military service.  He was erroneously assigned a Reenlistment Eligibility (RE) code of 4.  RE-4 applies to individuals separated from the last period of service with a nonwaivable disqualification and who are ineligible for reenlistment.

19.  Army Regulation (AR) 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.  Incident to the request the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.
20.  AR 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.  Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5 (Separation Documents) establishes RE Code 3 as the proper reentry code to assign to soldiers separated under the provisions of chapter 16-5b, AR 635-200.  Code RE- 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 9, 10, 13, and 14 of
AR 635-200.

CONCLUSIONS:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy this requirement.

2.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The evidence of record shows that the applicant voluntarily requested immediate discharge under the provisions of paragraph 16-5b, AR 635-200, and that he was aware of the specific reason for his discharge.  

3.  The applicant’s DD Form 214 properly reflects the narrative reason for separation as “Locally Imposed Bar to Reenlistment”.  The SPD code of KGF was the appropriate code for the applicant based on the guidance provided in AR 635-5-1 for soldiers separating under the provisions of AR 635-200, chapter 16, paragraph 5b for a locally imposed bar to reenlistment.

4.  The applicant’s DD Form 214 was erroneously annotated with reentry code RE-4. 

5.  Accordingly, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual concerned was assigned an RE code of 3 at the time of his discharge from service.

2.  That the Department of the Army issue to the individual concerned a new DD Form 214 reflecting the above correction.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__lls___  ___aao___  __ra____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038883	
SUFFIX		
RECON		
DATE BOARDED	20000622	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19880429	
DISCHARGE AUTHORITY	AR 635-200 C16	
DISCHARGE REASON	144.2400.0000	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 	144.0720.0000	
2. 	100.0300.0000	
3.	100.0600.0000	
4.		
5.		
6.