| Mr. Carl W. S. Chun | Director | |
| Mrs. Joyce A. Hall | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Ms. Deborah S. Jacobs | Member | |
| Mr. Ronald E. Blakely | Member |
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
| 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. |
ARMY | BCMR | CY2008 | 20080017539
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. These codes are contained on military discharge documents and determine whether or not one may reenlist or enlist in a military service at a later time. Since the reason for a Soldier's separation drives the SPD issued, which in turn determines what RE code is authorized, and the applicant has provided no...
ARMY | BCMR | CY2008 | 20080017558
The applicant requests that her records be corrected by upgrading her reentry code (RE Code) from RE-3 to RE-1 so she may reenter military service. The SPD/RE Code Cross Reference Table in effect at the time of the applicant's discharge shows that an RE code of 3 is the applicable RE code assigned for individuals separated for this reason. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the...
ARMY | BCMR | CY2010 | 20100009974
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Table 3-1 includes a list of the RA RE codes: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified...
ARMY | BCMR | CY2010 | 20100030167
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. The SPD code of JDG applies to Soldiers separated for parenthood. The available evidence shows the applicant was separated for parenthood.
ARMY | BCMR | CY2008 | 20080013500
The applicant requests that his records be corrected by upgrading his reentry code (RE Code) from RE-3 to RE-1 so he may reenter military service. The applicant's record shows he enlisted in the Regular Army for a period of 3 years on 10 March 2005. Army Regulation 635-5-1 (Separation Program Designator Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.
ARMY | BCMR | CY2005 | 20050003081C070206
Della R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. Pertinent Army regulations provide that prior...
ARMY | BCMR | CY2012 | 20120000399
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing the authority, reason, and reentry (RE) code of "3" to show she was separated due to a hardship with an RE code of "2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant contends that her DD Form 214...
ARMY | BCMR | CY2009 | 20090018000
BOARD DATE: 4 May 2010 DOCKET NUMBER: AR20090018000 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 5 February 2009, she requested waiver of the 30 days and requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-8 (involuntary separation due to parenthood). Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based...
ARMY | BCMR | CY2011 | 20110019299
It states that the SPD code KDG is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 6, by reason of parenthood. Army Regulation 635-200 further states 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. Absent any evidence of error or injustice related to the separation process and the RE code assignment, there is an insufficient...
ARMY | BCMR | CY2003 | 2003084852C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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 states that soldiers separated from their last period of military service as a result of parenthood may submit a request for a waiver to reenlist at any time after...