IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011807 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: 23 June 2016 DOCKET NUMBER: AR20150011807 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: 23 June 2016 DOCKET NUMBER: AR20150011807 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 records to show he is eligible for education benefits under the Montgomery GI Bill (MGIB). 2. The applicant states he paid for the MGIB in full and he has an honorable discharge “with specifics.” He wants to further his education by going to college. 3. The applicant does not provide any 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 U.S. Army Reserve under the Delayed Entry Program (DEP) on 12 June 1992. His enlistment records do not include a DD Form 2366 (Montgomery GI Bill of 1984). 3. He was discharged from the DEP on 14 September 1992 and he enlisted in the Regular Army on 15 September 1992. He held military occupational specialty 19K (M-1 Tank/Armor Crewmember). 4. On 1 December 1993, his commander initiated a Bar to Reenlistment Certificate against him. He was furnished a copy of this bar but elected not to submit a statement on his own behalf. The higher commander approved the bar. The applicant elected not to appeal it. 5. On 2 December 1993, the applicant submitted a DA Form 4187 (Personnel Action) requesting immediate discharge from the Army under the provisions of paragraph 16-5 of Army Regulation (AR) 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 6. The separation authority approved his request for separation under the provisions of paragraph 16-5 of AR 635-200. Accordingly, the applicant was discharged on 10 December 1993. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of AR 635-200, paragraph 16-5b. He completed 1 year, 2 months, and 26 days of active service. Additionally, this form shows in: * item 25 (Separation Authority) the entry "Paragraph 16-5b, AR 635-200" * item 26 (Separation Code) the entry "KGH" * item 27 (Reenlistment Code) the entry "RE-3" * item 28 (Narrative Reason for Separation) the entry "Non Retention on Active Duty" 7. The Board requested and the U.S. Army Human Resources Command (HRC) provided an advisory opinion on 31 March 2016 in the processing of this case. An advisory official recommended disapproval of the applicant's request and stated HRC performed database searches by various forms in different systems but could not establish his eligibility for the MGIB. He provided a copy of his DD Form 214. Based on this document, he is ineligible for the MGIB because of the 10-year delimiting period from his last release date. He was discharged on 10 December 1993 and if he were eligible for the benefit, he would have had to use it before 10 December 2003. 8. The applicant was provided a copy of this advisory opinion to give him an opportunity to submit a rebuttal. He did not respond. 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 KGH 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. DISCUSSION: 1. The applicant was 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 10 December 1993. 2. There is insufficient evidence in his records to show he enrolled in the MGIB. But even if he had been eligible to use the MGIB, based on his separation date of 10 December 1993, he would have had to use it before 10 December 2003. In any case, the MGIB program is administered by the Department of Veterans Affairs (VA). The applicant is advised to contact the VA to determine his eligibility. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011807 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011807 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2