BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150017757 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150017757 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150017757 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, in effect, correction of the narrative reason for separation and separation code listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically discharged. 2. The applicant states he was discharged during the reduction in force for failing to keep his weight within required limits. His commander gave him a choice of a medical discharge, which would take several months to complete, or to take an honorable discharge with a bar to reenlistment. Had he known that taking the honorable discharge would deny him benefits, he would have taken the general discharge. 3. The applicant provides no additional evidence. 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 10 July 1991. 3. On 1 May 1992, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for wrongful appropriation of a government property. 4. From January 1992 to June 1992, the applicant received multiple formal counselings for: * dishonored checks * misappropriation of a vehicle and dishonesty with supervisor * failure to be at appointed place at the appointed time, misappropriation of a vehicle, disrespect to a noncommissioned officer, disrespect in demeanor, and disobeying a lawful order * Army Physical Fitness Test failure * failure to follow instructions and failure to meet Army weight standards * misappropriation of a vehicle * creditor’s statement of debt 5. On 18 August 1992, the applicant's company commander initiated a DA Form 4126-R (Bar to Reenlistment Certificate) recommending that the applicant be barred from reenlistment based on his NJP and multiple formal counselings. 6. The applicant’s bar to reenlistment certificate shows that: * he was furnished a copy of the commander’s recommendation to bar him from further reenlistment * he was counseled and advised of the basis for the action * he did not desire to submit a statement in his own behalf * the bar to reenlistment was approved on 18 August 1992 * he would not appeal the bar to reenlistment 7. On 24 August 1992, the applicant submitted a DA Form 4187 (Personnel Action) requesting immediate separation from the Army under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-5, by reason of inability to overcome a locally imposed bar to reenlistment. 8. On 23 September 1992, the separation authority approved the applicant's voluntary request for separation and directed he be issued an Honorable Discharge Certificate. 9. On 5 October 1992, the applicant was honorably discharged in accordance with paragraph 16-5b of AR 635-200. The DD 214 he was issued shows he completed 1 year, 2 months, and 26 days of credible active service. His DD Form 214 also shows in: * item 25 (Separation Authority) – Paragraph 16-5b, AR 635-200 * item 26 (Separation Code) – KGF * item 27 (Reenlistment Code) – RE-3 * item 28 (Narrative Reason for Separation) – Locally imposed bar to reenlistment 10. His record is void of any documentation showing he suffered from an illness or injury that would have warranted referral to the Physical Disability Evaluation System. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 covers discharges caused by changes in service obligation. Paragraph 16-5b (1) of the regulation in effect at the time of his discharge stated that members who perceive that they will be unable to overcome a locally imposed bar to reenlistment may apply for immediate separation. 2. 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. It states that the SPD code KGF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-5b, by reason of a locally imposed bar to reenlistment. DISCUSSION: 1. The applicant received a bar to reenlistment based on numerous acts of misconduct. He perceived that he was unable to overcome this locally imposed bar to reenlistment and he voluntarily elected to request immediate separation. 2. The applicant was discharged under the provisions of AR 635-200, paragraph 16-5b, due to his belief that he could not overcome a locally imposed bar to reenlistment. As such, the narrative reason for separation per this paragraph is "locally imposed bar to reenlistment" with assignment of SPD code KGF, which are properly shown on his DD Form 214. 3. The applicant’s record is void of any evidence that he suffered from a medical condition or injury that would meet the requirements for entry into the Physical Disability Evaluation System which has the authority to direct a medical separation, if warranted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017757 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017757 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2