ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 18 July 2019 DOCKET NUMBER: AR20190005450 APPLICANT REQUESTS: The applicant requests: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for period ending 3 January 1992: * Item 23 (Type of Separation) to reflect "Honorable" vice "Discharge" * Item 26 (Separation Code) to change the code in which it currently reads "KGF" * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 he voluntarily left the U.S. Army after a call went out for voluntary separations. 3. On 19 February 1985, at the age of 18 years old, the applicant enlisted in the Regular Army for a term of 4 years. On 30 December 1987, he was honorably discharged for immediate reenlistment. On 31 December 1987, he reenlisted for a term of 5 years. 4. On 15 November 1990, his immediate commander initiated a bar to reenlistment against the applicant for failing to pass the Army Physical Fitness Test (APFT) on two occasions and being eliminated from the primary leadership development course (PLDC) for failing to achieve course standards. The applicant elected not to submit a statement in his own behalf. On 15 November 1990, the bar to reenlistment was approved. The applicant elected to appeal the bar to reenlistment. 5. On 7 June 1991, the applicant was counseled by his immediate commander during the six month review of the bar to reenlistment. The commander notified the applicant that he has decided that he is not going to remove the bar to reenlistment. He stated that in order to overcome the bar to reenlistment, the applicant needed to have consistent outstanding duty performance and no adverse actions. The commander advised him that if he could not overcome the bar to reenlistment, he had the option to request separation from the Army. The applicant stated he did not concur. He felt that his record to date as a Soldier met the requirements that had been presented and as a result he felt that the bar to reenlistment should be lifted from his record. 6. On 26 December 1991, the applicant submitted a DA Form 4187 (Personnel Action) and voluntarily requested discharge under the provisions of Army Regulation (AR) 635- 200 (Personnel Separations – Enlisted Personnel), chapter 16, early separation of personnel denied reenlistment, paragraph 16-5c, which at the time was "separation for other reasons." He stated that if his request for separation before his normal expiration term of service is approved, it will be for his own convenience. If he was separated, he understood that recoupment of unearned portions of Enlisted Bonus (EB)/Selective Reenlistment Bonus (SRB) was required. He also understood that once separated he will not be permitted to reenlist at a later date. 7. The first sergeant signed for the immediate commander recommending approval. The memorandum of approval from the separation approving authority is not available for review. 8. Orders 213-02, dated 26 December 1992, show that the applicant was discharged from the Regular Army per AR 635-200, Chapter 16 with an effective date of 3 January 1992. 9. Orders 6-9, dated 13 January 1992, show so much of Orders 213-02 were revoked, pertaining to his release from active duty (REFRAD); however, orders 213-02 in the applicant’s record are discharge orders; orders regarding the applicant being REFRAD are not available for review. 10. His record is void of any additional separation orders published. His DD Form 214 shows on 3 January 1992 he was discharged under the provisions of AR 635-200, Chapter 16. His service was characterized as honorable. He completed 6 years, 10 months, and 15 days of net active service this period and 4 years and 4 days of service since his reenlistment. His DD Form 214 shows: * Item 9 (Command to which Transferred: NA * Item 23 (Type of Separation): Discharge * Item 24 (Character of Service): Honorable * Item 25 (Separation Authority): AR 635-200, Chapter 16 * Item 26 (Separation Code): KGF * Item 28 (Narrative Reason for Separation): Locally Imposed Bar to Reenlistment 10. The applicant states he voluntarily left the U.S. Army after a call went out for voluntary separations. His record shows he enlisted at the age of 18 years old, he received a locally imposed bar to reenlistment for failing the APFT on two occasions and for failing PLDC. He completed 48 months and 4 days of his 60 months contractual obligation. 11. On the applicant’s DA Form 4187, he stated as per AR 635-200, paragraph 16-5c, he requested separation from the service. However, he followed the procedures outlined in AR 635-200, paragraph 16-5b and mentioned the locally imposed bar to reenlistment that he received as a reason for the request. At the time, early separation of personnel denied reenlistment based on a locally imposed bar to reenlistment was under paragraph 16-5b. In a later version of AR 635-200, chapter 16, paragraph 16-5c, effective after the applicant was discharged, was directed towards Soldiers who completed a declination of continued service statement (DCSS) and there is no evidence in the record that the applicant completed a DCSS. 12. AR 635-200, chapter 16-5, voluntary separation of personnel denied reenlistment, paragraph 16-5b, locally imposed bars to reenlistment, states Soldiers may be discharged before expiration term of service (ETS) by commanders when they have received a locally imposed bar to reenlistment. Soldiers who perceived that they will be unable to overcome a locally imposed bar to reenlistment may apply for immediate discharge. Soldiers discharged per this paragraph will be characterized as honorable unless an entry level separation is required. 13. AR 635-5 (Personnel Separations – Separation Documents) states for item 23 (Type of Separation) for enlisted personnel, enter the appropriate term which is indicated on the separation order. "Discharge" was listed as one of the potential entries, "Honorable" was not included in that list. The Glossary defines discharge- voluntary as a request by the Soldier for a discharge that terminates military service or a specific military status, if the soldier holds more than one compatible military status. 14. AR 635-5-1 (Separation Program Designators (SPD)), designated separation code “KGF” for the authority AR 635-200, paragraph 16-5b for locally imposed bar to reenlistment. 15. In regards to the applicant's request for a personal appearance, Army Regulation 15-185, states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. 16. We are unable to determine the basis or disposition for the revocation of his discharge orders being published; however, the applicant contends he voluntarily requested to be separated; based on his DD Form 214 and regulatory guidance this statement was true and his reason for separation are accurately reflected and he was discharged properly. Separations under AR 635-200, Chapter 16-5 are for those Soldiers who voluntarily request to be separated due to being denied reenlistment. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, the evidence in the records, his bar to reenlistment, that lack of a separation packet and whether clemency applied. The Board found that the applicant received an honorable character of service and the narrative reason and separation code is supported by the documents in the record. The Board also found that the entry in item 23 was appropriate for a separation and that honorable is not an authorized entry for that block. Based on the preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s record necessitating the requested corrections. The Board determined that the records were sufficient to allow a fair consideration and that a personal appearance was not required in the interest of justice. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 Separations – Enlisted Personnel), in effect at the time, set policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of enlisted members for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. Chapter 16, early separation of personnel denied reenlistment, paragraph 16-5, locally imposed bars to reenlistment, states Soldiers may be discharged before expiration term of service (ETS) by commanders when they have received a locally imposed bar to reenlistment. Soldiers who perceived that they will be unable to overcome a locally imposed bar to reenlistment may apply for immediate discharge. Soldiers discharged per this paragraph will be characterized as honorable unless an entry level separation is required. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). It stated: a. For item 23 (Type of Separation), enter the appropriate term which is indicated on the separation order. The potential entries for enlisted personnel for this item were: * Release from active duty * Discharge * Retirement * Release from active duty and order to additional active duty * Release from ADT * Release from custody and control of the Army * Release from Active Duty for Training and discharge from the Reserve of the Army and return to Army National Guard b. The Glossary defines "discharge-voluntary" as a request by the Soldier for a discharge that terminates military service or a specific military status, if the soldier holds more than one compatible military status. 4. AR 635-5-1 (Personnel Separations-Separation Program Designator (SPD) Codes), in effect at the time, prescribed the specific authorities (statutory, regulatory, and Department of Defense (DOD)/Army policy) and reasons for separating Soldiers from active duty. Also, it prescribed when to enter separation program designator (SPD) codes on the DD Form 214. It designated separation code “KGF” for the authority AR 635-200, paragraph 16-5b, locally imposed bar to reenlistment. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR has the discretion to hold a hearing; applicants do not have a right to appear personally before the Board. The Director or the ABCMR may grant formal hearings whenever justice requires. ABCMR Record of Proceedings (cont) AR20190005450 4 1