IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003374 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his narrative reason for discharge as parenthood instead of locally imposed bar to reenlistment. 2. The applicant states: * he wanted to remain in the military but the circumstances did not allow it; he and his girlfriend had a baby at the time * the mother was an unstable young lady and decided she did not want parenthood or a steady relationship * instead of placing the child in a foster home, he took custody and his commander confirmed the relationship * when the Gulf War began, his commander gave him two options with very little time to react: foster care or discharge from the Army * he could not leave his child behind and he did not know what to do; he tried to get clarification but there was not much help offered * he manned up and despite being torn internally he stayed with his son and his commander processed him for separation * it has been a constant struggle for him dealing with the traumatization that transpired in the commander's office * it was a horrifying day just thinking of losing his son; he continues to be very stressed, depressed, and experiences anxiety over this situation * he does not sleep well and is always looking over his shoulder, living on the edge, afraid of sudden noises, and he gets very angry and irritated 3. The applicant provides: * DD Form 214 * A medical statement showing a visit for pain * DA Form 4187 (Personnel Action) * DA Form 4126-R (Bar To Reenlistment Certificate) 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's records show he enlisted in the Regular Army on 27 December 1988 and he held military occupational specialty 12F (Engineer Tracked Vehicle Mechanic). 3. He was assigned to the 43rd Engineer Company, 2nd Squadron, 3rd Armored Cavalry Regiment, Fort Bliss, TX. 4. On 14 August 1990, the applicant's immediate commander initiated a Bar to Reenlistment Certificate against the applicant for failing to provide a Dependent Care Plan. The applicant was furnished a copy of this bar but elected not submit a statement on his own behalf. The bar was approved and he elected not to appeal. 5. On 14 August 1990, the applicant submitted a DA Form 4187 requesting voluntary separation under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-5 for inability to overcome a locally imposed bar. The DA Form 4187 states "Soldier needs not wait until the commander's review to request early voluntary separation." 6. On 15 August 1990, the applicant's battalion commander approved the request and forwarded it to the squadron adjutant for review. 7. On 15 August 1990, the squadron adjutant forwarded the request for early separation to be reviewed for administrative correctness. 8. On 28 August 1990, by endorsement, the Installation Assistant Adjutant General indicated that the request was reviewed and found administratively incorrect. The applicant's DA Form 2-1 (Personnel Qualification Record) must show a statement regarding the applicant's non-recommendation for further service. Once accomplished, the applicant may be processed for separation. 9. The separation authority annotated the DA Form 2-1 with this entry and approved the applicant's discharge under the provisions of paragraph 16-5 of Army Regulation 635-200 by reason of a bar to reenlistment. He ordered the applicant's service to be characterized as honorable. 10. Accordingly, the applicant was honorably discharged on 31 August 1990. His DD Form 214 shows he was discharged under the provisions of chapter 16-5b of Army Regulation 635-200 by reason of a "Locally Imposed Bar to Reenlistment." He was assigned separation code of "KGF." 11. There is no evidence available to show he submitted a request for separation due to parenthood. 12. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 6-3 states Soldiers of the Active Army and the Reserve Components may be discharged or released because of genuine dependency or hardship. The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. Under this provision for hardship discharge, parenthood of married service women and sole parenthood are the two conditions under which separation may be granted. b. Paragraph 6-3b(1) states a married Soldier who becomes a parent by birth, adoption, or marriage (stepparent) and whose child (or children) is less than 18 years of age and resides within the household, may apply for separation under hardship. The Soldier must submit evidence that the roles of parent and Soldier are incompatible and that the Soldier cannot fulfill his or her military obligation without neglecting the child or children. c. 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. 13. 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 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 AND CONCLUSIONS: 1. The available evidence shows the applicant failed to submit a family care plan. Accordingly, his commander initiated a Bar to Reenlistment Certificate against him. He was provided a copy of this bar but elected not to submit a statement on his own behalf. The available evidence also shows he submitted a request for voluntary discharge because he believed he could not overcome this bar. His request was processed and approved. There is insufficient evidence to show he applied for discharge due to parenthood or that such a request was denied. 2. He was discharged from the Army under the provisions of Army Regulation 635-200, paragraph 16-5b, due to his belief that he could not overcome a locally imposed bar to reenlistment. Absent his failure to provide a family care plan, there would have been no reason to initiate a bar to reenlistment against him and absent his belief that he could not overcome such a bar, there was no reason to process him for separation. 3. The underlying reason for his discharge was his inability to overcome the bar. The only valid narrative reason for separation permitted under that paragraph is "locally imposed bar to reenlistment" with a separation code of KGF, which are properly shown on his DD Form 214. He has not provided sufficient evidence to warrant a change of his narrative reason for discharge. 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) AR20150003374 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003374 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1