ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20170001514 APPLICANT REQUESTS: his narrative reason for separation be changed to hardship APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter, dated 5 December 2016 * Letter from IS, dated 5 December 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He is looking to change his narrative and discharge to show for hardship. The applicant was released so that he could help his father run his business and take care of his father at home, while he was severely ill. His father had fallen very ill and there was no one to run his business and care for him. He is now seeking to obtain a mortgage using his VA benefits; however, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows an incorrect narrative that is not allowing him the use his eligibility. b. There is no mention in the narrative that he was released due to hardship, when in fact that was the reason why he requested to leave. This should be corrected to show, it was due to hardship so that he may properly receive benefits promised to him under service. When being discharged, this was the verbiage used to explain why he was leaving, so he does not understand why "hardship" is not part of his narrative. The board should find in the interest of justice, because this current statement on his DD214 denies him benefits promised by the VA. He was told he would still receive said benefits due to hardship, which he explained was his reason for leaving. 3. The applicant provides: * a self-authored letter, dated 5 December 2016, detailing the reason he requested a discharge * a letter from IS, dated 5 December 2016, co-signing the reason his son needed to leave the military and come home, also stating he was the sole survivor 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 28 January 1993. b. On 5 October 1994, he was barred to reenlistment by his immediate commander for continuously maintaining a record of misconduct and failure to adhere to the Army’s standards of job performance. His records are void of any disciplinary documentation. c. On 14 October 1994, he submitted a DA Form 4187 (Personnel Action) for separation under provisions (UP) of chapter 16-5b, Army Regulation (AR) 635-200 (Personnel Separation – Enlisted Personnel). His request stated: (1) He requested that he be separated from active service at the earliest possible date. (2) The reason for the request is that he had a locally imposed bar to reenlistment and it is his personal opinion that he would not be able to overcome this bar to reenlistment. (3) He understood that if his request for separation before his normal expiration term of service (ETS) is approved, it will be for his own convenience. He understood that recoupment of unearned portions of Enlistment Bonus/Selective Reenlistment Bonus is required. He also understood that once separated he would not be permitted to reenlist at a later date. d. On 14 October 2014, the separation authority approved separation UP of chapter 16-5, AR 635-200. The applicant’s record is void of any separation packet. e. On 9 November 1994, he was honorably released from active duty in accordance with AR 635-200, chapter 16-5b, the narrative reason for separation was non-retention on active duty. He served 1 year, 9 months, and 12 days of active service. 5. By regulation, AR 635-200 enlisted personnel may be discharged before ETS by commanders specified in paragraph 1-21 when they have received a bar to reenlistment. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board found insufficient evidence to show any mention of a hardship discharge at the time of the processing of the administrative separation. The evidence demonstrates that the applicant was separated for failure to overcomea bar to reenlistment, which is the current narrative reason depicted on the applicant’s DD Form 214. For that reason, the Board concluded there was insufficient evidence to show an error or injustice which would warrant changing the record of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-200 (Personnel Separation – Enlisted Personnel) paragraph 16-5 states enlisted personnel may be discharged before ETS by commanders specified in paragraph 1-21 when they have received a bar to reenlistment. a. Paragraph 16-5b. Locally imposed bars to reenlistment. Members who perceive that they will be unable to overcome a locally imposed bar to reenlistment may apply for immediate discharge. They must complete the review procedure outlined in AR 601-280, paragraph 1-35h(2), before they apply. The soldier will not be allowed to submit for separation earlier than 6 months from date of imposition of the bar. b. Should the service member receive PCS orders before completing: the 6-month period, his or her records will be annotated to indicate that a review of the bar to reenlistment will take place 6 months after arrival in his or her new unit. Discharge must be accomplished no later than 6 months from the date of request in spite of any existing service obligation which will not be fulfilled by such early release. c. The member's request for early separation will include the following statement: "I understand that I am being separated before my normal ETS for my own convenience. I understand that recoupment of unearned portions of Enlistment Bonus (EB)/Selective Reenlistment Bonus (SRB) is required. I also understand that once separated I will not be permitted to reenlist at a later date." 3. AR 635-5-1 (Personnel Separation – Separation Program Designator (SPD) Codes) appendix c shows regulatory authority AR 635-200, paragraph 6-3 a, or b as narrative reason for hardship, and AR 635-200 paragraph 16-5b shows non-retention on Active Duty. ABCMR Record of Proceedings (cont) AR20170001514 4 1