ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  31 May 2019

	DOCKET NUMBER:  AR20170006152


APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 26 (Separation Code) changed to reflect separation for hardship.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-Authored Statement
* Certificate of Death for X___
* Certificate of Death for X___

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, his father was a World War II veteran who was wounded in combat.  He played a major part in his decision to join the Army.  He enlisted in the delayed entry program while still in high school, and was subsequently stationed at Fort Campbell, 101st Airborne Division when he learned that his father’s death was imminent.  He was given emergency leave, as his father passed away on 16 April 1995.  While on leave, his mother was diagnosed with stage 4 cervical cancer.  He was granted an honorable hardship discharge on 28 June 1995 to be with his mother, who passed away on 29 August 1995.  He applied for a Veterans Affairs (VA) home loan and was told there was an issue getting his Certificate of Eligibility.  He was informed that item 26 of his DD Form 214 was not coded as a hardship discharge.  He states he has included his parents’ death certificates to verify his statement.

3.  The applicant provides:

	a.  Certificate of Death for X___, dated 17 April 1995, which states the applicant’s father passed away due to cardiac arrest, and/or pulmonary embolism.

	b.  Certificate of Death for X___, dated 29 August 1995, which states the applicant’s mother passed away due to carcinomatosis, and/or cardiorespiratory arrest.

4.  A review of the applicant’s service record shows:

	a.  The applicant enlisted in the Regular Army (RA) on 19 October 1994.

	b.  On 10 May 1995, his immediate commander initiated a DA Form 4126 (Bar to Reenlistment Certificate) for failure to pass the Army Physical Fitness Test (APFT).

	c.  On 19 June 1995, the applicant initiated a DA Form 4187 (Personnel Action), requesting discharge under the provisions of AR 635-200 (Personnel Separations – Enlisted Personnel), Chapter 16-5; (Voluntary Separation of Soldiers Denied Reenlistment), stating that he will be unable to overcome his locally imposed bar to reenlistment.  His immediate commander recommended approval.

	d.  On 19 June 1995, the approval authority approved the request, without clarifying a characterization of service.

	e.  He was honorably discharged from active duty on 28 June 1995.  His DD Form 214 reflects he was discharged under the provisions of AR 635-200, paragraph 16-5b.  He was assigned the separation code of “KGH” (Non-retention on Active Duty).  He completed 8 months and 10 days of active duty service.  

5.  By regulation, (AR 635-5-1), the separation code “KDB” (Hardship), is utilized for voluntary discharges, per AR 635-200, paragraph 6-3a (Separation because of Dependency or Hardship).  Hardship exists when in circumstances not involving death or disability of a member of the Soldiers’ (or spouses’) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.

6.  By regulation (AR 635-5), item 26 (Separation Code) on DD Form 214 would provide the corresponding separation program designator code for the regulatory authority and reason for separation.  

7.  In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record of the applicant, the Board found insufficient evidence of an error or injustice which would warrant making a change to the narrative reason for separation.  The separation occurred after the applicant was barred to reenlist based upon an APFT failure.  For that reason, the Board concluded that the applicant’s current DD Form 214 accurately depicts the facts and circumstances resulting in his discharge separation.

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) 635-5 (Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated that item 26 (Separation Code) would provide the corresponding separation program designator code for the regulatory authority and reason for separation.

3.  AR 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of KGH is the correct code for Soldiers separating under AR 635-200, paragraph 16-5a, b, or c, non-retention on active duty.

4.  AR 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 establishes that Soldiers denied reenlistment may be voluntarily separated before expiration terms of service.  Soldiers who perceive that they will be unable to overcome a locally imposed bar to reenlistment may request immediate separation.

ABCMR Record of Proceedings (cont)	 AR20170006152


4


1