IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011681 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 IN THE CASE OF BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011681 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. IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011681 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his term of service. 2. The applicant states: * he was released from active duty due to a condition that interfered with his duty, under chapter 16-5; he took the early release program * he was honorably discharged because the Army asked him if he wanted to reenlist and, if not, whether he was willing to get out early * he served his country faithfully during war and he received a Certificate of Eligibility from the Department of Veterans Affairs (VA) for a VA loan * the VA is now denying him for reasons unknown to him; he just wants what he believes is an entitlement as a veteran 3. The applicant provides: * DD Form 214 * VA Certificate of Eligibility * Self-authored statement * Two statements of support 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 for 2 years and 17 weeks on 16 October 1990. He held military occupational specialty 12B (Combat Engineer). He served in Germany from 19 July 1991 to 28 January 1992. 3. On 8 January 1992, his immediate commander initiated a Bar to Reenlistment Certificate against him citing his enrollment on the Army Weight Control Program from July 1991 through January 1992. His battalion commander approved the bar. 4. On 21 January 1992, the applicant submitted a memorandum requesting immediate discharge from the Army under the provisions of paragraph 16-5 of Army Regulation 635-200 (Personnel Separations). He stated: * he was barred from reenlistment and did not feel he could overcome such bar * he understood that if his separation was approved, it would be for his convenience * he acknowledged that once separated, he would not be allowed to reenlist at a later date 5. The separation authority approved his request for separation under the provisions of paragraph 16-5 of Army Regulation 635-200. He ordered him transferred to the Individual Ready Reserve. Accordingly, the applicant was discharged on 30 January 1992. 6. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 16-5b. He completed 1 year, 3 months and 15 days of active service. Additionally this form shows in: * item 25 (Separation Authority) - Paragraph 16-5b, Army Regulation 635-200 * item 26 (Separation Code) - KGF * item 27 (Reenlistment Code) - 3 * item 28 (Narrative Reason for Separation) - Locally imposed bar to reenlistment * item 18 (Remarks) – no indication if he did or did not complete first full term of service 7. The applicant provides a VA Certificate of Eligibility, dated 13 August 1996. He also provides: a. A self-authored statement wherein he states this application is to reverse the decision regarding his VA Certificate of Eligibility for a home loan. In early 1992, after his battalion got back from the first Gulf War, his staff sergeant as well as his commanding officer approached him and asked if he was planning to extend his stay in the Army. He told them that he was not planning to reenlist and then they asked if he wanted an honorable discharge and early release. He did not want to do that but then was told that if he got an early out, it would greatly help the government because of all the Inactive Ready Reserve Soldiers that were called back to active duty and decided to stay in the military instead of going back to the civilian world. He agreed to take the early out if and only if he did not to give up any of his veteran's benefits. This has never been an issue before now and in the past he received his VA Certificate of Eligibility. He dropped out of college to join the military because the country needed as many Soldiers as possible. At that time, everyone thought he was crazy. They were all worried about being drafted and sent to war and he was dropping out of college to serve his country. He has always taken pride in telling people that he served in the Army during the largest troop movement in our Nation's history. He served the required 180 days of active duty and the required 90 days of active duty during war. This would greatly help him out in his life as his family was relocated and they are in search of a home. b. A statement from Mr. Er-- La------ who states he met the applicant while overseas in Germany following his own return from "Desert Storm" from 1991-1992. The applicant was assigned to his platoon and they were roommates. It was also at this period after "Desert Storm" when the military started a mass downsizing of troops from all over the different branches. In response to this downsizing many individuals were asked if they would be interested or have a need to be released from active duty early for medical, family, or other reasons, due to downsizing requirements. He was present when the staff sergeant approached the applicant and asked if he had planned on staying in the Army after his 2-year commitment was up. The applicant answered in the negative and that he would be glad to help the government by taking the early release. He was not only a good friend but also a good Soldier who joined the Army to support his country during time of need and for this reason should be granted his Certificate of Eligibility (again) like all other veterans out there. c. A statement from a current government employee at Fort Dix, NJ who states he and the applicant served together as members of the 54th Engineer Battalion (Combat Heavy) stationed in Wildflecken, Germany. He was present when the applicant’s platoon sergeant, Staff Sergeant D--- asked him if would be willing to take advantage of the Army's "Early Release" program. 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 of the regulation in effect at the time 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. The SPD code KGF was 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. 3. Army Regulation 635-5 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Chapter 2 of this regulation states extreme care is used in completing the record of service block since post-service benefits, final pay, retirement credit, and so forth are based on this information. 4. Item 18 of the DD Form 214 is used for Department of the Army mandatory requirements when a separate block is not available. One mandatory entry is whether a Soldier has or has not completed his or her first full term of service. Routinely, a Soldier is not considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service. However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract. If the Soldier has completed or exceeded the initial enlistment, enter "has." If item 12c (Net Active Service) of the DD Form 214 is less than the Soldier’s initial enlistment, enter "has not." DISCUSSION: 1. The applicant enlisted for 2 years and 17 weeks. At some point in his service, he exceeded weight control standards and was ultimately barred from reenlistment by his chain of command. He perceived that he was unable to overcome this locally imposed bar to reenlistment and he elected to request immediate separation. The separation authority approved his request and he was ultimately discharged on 30 January 1992. 2. He was not discharged under an early release program. He was discharged 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 the bar and his perception of his inability to overcome it, there was no fundamental reason to process him for discharge. 3. The underlying reason for his discharge was his bar to reenlistment. The only valid narrative reason for separation permitted under that paragraph is "locally imposed bar to reenlistment" with assignment of an SPD code of KGF, which are properly shown on his DD Form 214. 4. Since he only completed 1 year, 3 months, and 15 days of his contractual obligation of 2 years and 17 weeks, he did not complete his term of service. 5. The Board does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The Board considers each case on it own merits. Here, the applicant did not submit evidence that shows an error or an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011681 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011681 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2