ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 October 2019 DOCKET NUMBER: AR20190002952 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change or delete her narrative for separation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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 (ABCMR) 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 the narrative reason as it stands makes it appear she did not stand up to her commitment and this is not the case. Her separation had to do with being told she was qualified to enlist as a private first (PFC); however, she later learned someone had made a mistake and she was only qualified for the rank of private/E-2. This hindered her and she requests the narrative reason be edited to show it wasn’t her fault. 3. The applicant enlisted in the Regular Army on 13 January 1982, in the rank/pay grade of PFC/E-3. 4. On 8 April 1982, the applicant acknowledged she did not meet the requirements for the enlistment commitment contained on her DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) due to the number of college credits she had. The applicant indicated she would apply for immediate separation. 5. On 14 April 1982, the applicant requested to be separated under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), section VIII, paragraph 5-26. 6. On 19 April 1982, an authorized official directed the applicant's separation and issuance of an Honorable Discharge Certificate. 7. On 21 April 1982, the applicant was discharged. She completed 3 months and 9 days of net active service this period. His DD Form 214 shows in: * item 25 (Separation Authority) the entry "Para 5-26 AR 635-200" * item 26 (Separation Code) the entry "KDS" * item 28 (Narrative Reason for Separation) the entry "Unfulfilled or erroneous enlistment commitments" 8. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-26 provides that a Soldier may be separated for claims of defective or unfulfilled enlistment agreements. A defective enlistment agreement exists when the Soldier is eligible for enlistment in the Army but does not meet the prerequisites for the option for which enlisted. This situation exists when the following occurs: a. A material misrepresentation by recruiting personnel, upon which the Soldier reasonably relied, resulting in the Soldier being induced to enlist for that option. b. An administrative oversight or error on the part of the recruiting personnel, in which the Soldier did not knowingly take part, in failing to detect that the Soldier did not meet all the requirements for the enlistment commitment. 9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD codes to be used for these stated reasons. The SPD code "KDS" applies to individuals discharged for unfulfilled or erroneous enlistment commitments. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. As a matter of compassion, the applicant’s DD Form 214 should show the narrative reason for separation as Secretarial Authority. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on her DD Form 214 for the period of service ending 21 April 1982 the narrative reason for separation as Secretarial Authority. 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 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 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-26 provides that a Soldier may be separated for claims of defective or unfulfilled enlistment agreements. A defective enlistment agreement exists when the Soldier is eligible for enlistment in the Army but does not meet the prerequisites for the option for which enlisted. This situation exists when the following occurs: a. A material misrepresentation by recruiting personnel, upon which the Soldier reasonably relied, resulting in the Soldier being induced to enlist for that option. b. An administrative oversight or error on the part of the recruiting personnel, in which the Soldier did not knowingly take part, in failing to detect that the Soldier did not meet all the requirements for the enlistment commitment. 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD codes to be used for these stated reasons. The SPD code "KDS" applies to individuals discharged for unfulfilled or erroneous enlistment commitments. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190002952 3 1