MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 March 2003
	DOCKET NUMBER:   AR2002079470

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

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelly		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that he be granted credit for completing his full term of service.  

APPLICANT STATES:  In effect, that he enlisted in the Army for a period of 
2 years, 4 months, and 2 days.  He states that in June 1991, he was approached by his superiors and told that a possibility for an early release existed.  He claims that he was hesitant, but after being told that his separation under the provisions of Chapter 16 of Army Regulation 635-200 would be equal to his having completed the full term of enlistment, he elected this option.  He indicates that by crediting him with 2 years of service, he would be able to pursue his dream of becoming a Port Authority of New York and New Jersey Police Officer.  In support of his application, he submits a copy of his Honorable Discharge Certificate and his separation document (DD Form 214).

EVIDENCE OF RECORD:  The applicant's military records show:

On 8 March 1990, he enlisted in the Regular Army for 2 years and 18 weeks.  He successfully completed training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  His record documents no acts of valor, significant achievement, or service warranting special recognition, and it confirms that the highest rank he attained while on active duty was private first class/E-3.  

On 10 May 1991, the applicant’s unit commander initiated a bar to reenlistment against him.  The reasons cited for this action were his conduct that was unbecoming of a soldier, his various failures to obey orders given by his chain of command, his twice filing false reports of theft of personal property, his failure to pass the Army Physical Fitness Test, his inability to get along with others, his continued making of excuses for himself, his continued blaming of others for his actions, and his unsuitability for further military service.  

On 27 May 1991, the bar to reenlistment was approved by the appropriate authority.  Subsequently, he consulted with legal counsel and after being advised of the effects of his request for discharge, he voluntarily requested separation from the Army under the provisions of Army Regulation 635-200, paragraph 
16-5b, based on his perception that he could not overcome his locally imposed bar to reenlistment.  In his request, he acknowledged that he understood that if his request for separation before his normal expiration of term of service (ETS) was approved, it would be for his own convenience.  He further stated his understanding that if his request for separation was approved, recoupment of any unearned portions of any enlistment or reenlistment bonus was required, and that if he was separated, he would not be permitted to reenlist at a later date.   

The applicant’s separation request was approved by the appropriate separation authority, who directed that he be discharged under the provisions of Army Regulation 635-200, paragraph 16-5b, because of his locally imposed bar to reenlistment.  On 22 July 1991, the applicant was honorably discharged accordingly after completing a total of 1 year, 4 months, and 15 days of active military service.

The DD Form 214 issued to and authenticated by the applicant on the date of his separation confirms that the authority for his discharge was paragraph 16-5b, Army Regulation 635-200, and that the narrative reason for separation was locally imposed bar to reenlistment.  This document also verifies that based on the authority and reason for his discharge, the applicant was assigned a Separation Program Designator (SPD) code of KGF and a reentry (RE) code of RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-5b contains the policy and procedure for the separation of personnel denied reenlistment.  It states, in pertinent part, that soldiers who perceive that they will be unable to overcome a bar to reenlistment may apply for immediate discharge.  Incident to the request, the solider 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.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s contention that he believed that his early separation would still result in his being credited with completion of his full term of service, and that he now needs this credit in order to fulfill his lifelong dream to become a police officer.  However, the Board finds insufficient evidence to support his claim that he was not properly informed of the effects of his request for separation, and it concludes that the personal issue raised by the applicant is not sufficiently mitigating to warrant the requested relief.  

2.  The evidence of record confirms that the applicant voluntarily requested separation based on his perception that he could not overcome the basis for his locally imposed bar to reenlistment.  It further confirms that he did not submit this request until after he had consulted with legal counsel and had been advised of the effects of his request for early separation.  Further, the record shows that he acknowledged his understanding that his request for separation was being initiated prior to his ETS for his own convenience.  

3.  The record further shows that the applicant’s separation was accomplished in accordance with the applicable regulation.  The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  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 has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__TAP__  __RWA _  __ JAK__  DENY APPLICATION 

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002079470	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910722	
DISCHARGE AUTHORITY	AR 635-200 .  .  .  .  .  	
DISCHARGE REASON	Locally Imposed Bar to Reenlistment	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0720	
2.		
3.		
4.		
5.		
6.