IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220008385 APPLICANT REQUESTS: in effect, active duty service credit be added to his total active service so that he may qualify for a home loan. He also requests a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email related to VA Home Loan * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 his mom was diagnosed with cancer in his 3rd week of basic training. Upon completion of basic training and advanced individual training, he was assigned to Fort Brag, NC. He put in for a transfer to Fort Benning, GA which is within one hour of his family, but he was denied and eventually did a compassionate discharge. He would like to have a Zoom or in-person meeting. 3. The applicant’s service records are not available for review. An exhaustive search was conducted to locate his service records which are necessary in the processing of his case. Unfortunately, they could not be found. However, the applicant provides a DD Form 214 which is sufficient to conduct a fair and impartial review of his case. 4. The applicant’s DD Form 214 shows he enlisted in the Regular Army on 31 July 1984. He completed training and was awarded MOS 43E, Parachute Rigger. 5. The completed facts and circumstance surrounding his discharge are not available for review. 5. His DD Form 214 shows he was honorably discharged from active duty on 12 December 1985 in accordance with Army Regulation (AR) 635-200 (Personnel Separations) chapter 16-5 (locally imposed bar to reenlistment). His DD Form 214 shows he completed 1 year, 3 months, and 8 days of active service. It also shows in: * Block 4a (Grade, Rate or Rank) and 4b (Pay Grade) private/E-1 * Block 12h (Effective Date of Pay Grade) 85-11-21 * Block 26 (Separation Code) KGF * Block 27 (Reentry Code) 3 and 3B * Block 29 (Dates of Time Lost During This Period) two periods of lost time: 21 August to 3 September 1985 and 17 September to 6 October 1985. 6. He provides an email, dated 17 May 2022, regarding a VA Loan. Its states he was in the Army from August 1984 to December 1985. His mom was diagnosed with cancer in his third week of Basic Training at Fort Jackson. He dealt with shock and graduated with honors. His next venture was jump school at Fort Benning Ga, it was there only an hour from his hometown, he informed his instructors about his situation, and this is where, he got his got his first information of requesting a relocation of permanent duty upon completion of his training. I finished jump school: and headed to Fort Lee, VA for his parachute rigging military occupational specialty. He received the same information from the instructors about requesting a change of venue once arriving at Fort Bragg, NC. His orders were cut and changed when arriving at Fort Bragg and was now part of the 612 Quartermaster Division. He continuously requested to his superiors to be stationed at Fort Benning so he could be close to his parents during this time of need, he fully intended to serve his four ears and probably more but was denied over and over being told his request was futile. He sought guidance from the Chaplain at Fort Bragg who informed him of a hardship separation, this was his last option, and he did want to be at Fort Benning and finish his term. He is requesting a videocall or he will appear before a committee to be heard. He only wants approval for a VA Loan. He will never pursue any medical benefits. He has requested a VA Loan and has been denied for lack of time, not character, and for this reason, he asks for a review to be accepted. 7. There is no evidence in his records, and he provides none to show he completed any other period of active duty that warranted the issuance of another DD Form 214. 8. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. 9. By regulation (AR 635-5-1), Separation Code KGF is the correct code for enlisted Soldiers voluntarily discharged under AR 635-200, paragraph 16-5b for locally imposed bar to reenlistment. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that VA benefits such as home loans, service-connection, or other benefits are not within the purview of this Board and should be addressed to the VA. The evidence of record shows the applicant served on active duty from 31 July 1984 to 2 December 1985 completing 1 year, 3 months, and 8 days of active service. There is no evidence he completed nay other period of active service. Based on a preponderance of evidence, the Board determined that the net active service the applicant received upon separation was not in error or unjust. 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, 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 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. 2. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set policies, standards, and procedures to ensure 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 635-5-1 (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. 4. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008385 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1