MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 March 2002                   
	DOCKET NUMBER:   AR2001064793

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

APPLICANT STATES:  In effect, that he was given a RE-code 3 because his ex-wife refused to accept custodial care of their children.  They are now divorced and she now has custodial custody of their three children.  He believes that his reentry code should be upgraded to allow him to enter into the United States Air Force.  He is currently serving in the Oklahoma Air National Guard.  His chain of command has given him a conditional release in the event he is able to achieve a reentry code change.  The applicant submits a copy of Request for Conditional Release (DD Form 368) and a copy of his Divorce Decree in support of his application.

EVIDENCE OF RECORD:  The applicant's military records show:

On 3 May 1993, the applicant enlisted in the Regular Army for 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11M3P (Fighting Vehicle Infantryman).  His service was continuous through extensions and reenlistments. The highest pay grade he achieved was pay grade E-6.

Between October 1997 and July 1998, the applicant was counseled on several occasions for failure to report to his appointed place of duty and for failure to keep a family care plan current and reliable.

On 26 August 1998, the unit commander notified the applicant that he was recommending him for discharge under the provisions of Army Regulation 
635-200, Chapter 5-8, separation due to parenthood.  The commander cited that the applicant failed to maintain an adequate family care plan.  The applicant’s parental obligations had severely interfered with his duty in the Army.  On several occasions the applicant was absent from work, because of parental care of his two boys.  

On the same day, the applicant acknowledged notification of the action and voluntarily consented to the discharge.  The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him.  He waived his right to consideration of his case by a board of officers, waived personal appearance before a board of officers, elected not to make a statement in his own behalf and waived representation by counsel.

A mental and a physical evaluation found the applicant fit for separation.

On 10 September 1998, the appropriate authority approved the recommendation and directed that the applicant be separated from the service under the provisions of Army Regulation 635-200, paragraph 5-8, (parenthood), with an honorable discharge.

On 29 September 1998, the applicant was discharged, in pay grade E-6, under the provisions of Army Regulation 635-200, paragraph 5-8, (due to parenthood) with an honorable discharge.  He had completed 10 years, 4 months and 7 days of creditable active service.  He was given a reentry code of RE-3.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 5 covers separation for convenience of the government.  Paragraph 5-8 states that soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities.  Specific reasons for separation because of parenthood include inability to perform prescribe duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties as charge of quarters (CQ) and Staff Duty NCO, and nonavailability for worldwide assignment or deployment according to the needs of the Army.  The characterization of service for soldiers separated under the provision of 
this paragraph will normally be characterized as honorable, under honorable conditions or uncharacterized description if in an entry-level status.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to person not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have lost time, local bars to reenlistment and those discharged under the provisions of chapter 9, 10, 11, 13 and 14 of Army Regulation 635-200 are assigned an RE-3

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria does change, and the applicant has the right to apply for a waiver, it is suggested that the applicant periodically visit the local recruiting station to determine whether to apply for a waiver.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant was discharged and assigned a reentry code in accordance with the regulation then in effect.

3.  There is no basis for removal of the RE code from the applicant’s record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes.

4.  In view of circumstances in this case, the assigned reentry eligibility code was and still is appropriate.

5.  Therefore in view of the foregoing, there is no basis for granting the applicant’s requests.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__gdp___  __dsj___  __reb___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001064793	
SUFFIX		
RECON		
DATE BOARDED	20020326	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19980929	
DISCHARGE AUTHORITY	AR635-200, Chapter 5-8	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.