Mr. Carl W. S. Chun | Director | |
Mr. William Blakely | Analyst |
Mr. Samuel A. Crumpler | Chairperson | |
Mr. Kenneth W. Lapin | Member | |
Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that her reentry (RE) code of RE-3 be changed to RE-1.
APPLICANT STATES: In effect, that the RE code listed in Item 27 (Reentry Code) of her separation document (DD Form 214) is incorrect. In support of her application, she submits a copy of her DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
She served on active duty for 6 years, 8 months, and 22 days, from 28 October 1993 through 19 July 2000. She was trained and served in military occupational specialty (MOS) 88M (Motor Transport Operator), the highest rank she attained while serving on active duty was sergeant /E-5 (SGT/E-5), and during her active duty tenure, she earned the following awards: Army Commendation Medal; Army Achievement Medal (3rd Award); Army Good Conduct Medal; National Defense Service Medal; Southwest Asia Service Medal with 3 bronze service stars; Kuwait Liberation Medal (K); and Kuwait Liberation Medal (SA).
The specific facts and circumstances concerning the applicant’s separation are not in the record. However, there is a properly constituted DD Form 214 on file that was issued to and authenticated by the applicant with her signature on the date of her separation, 19 July 2000. This document confirms that the authority and reason for the applicant’s discharge was Army Regulation 635-200, paragraph 5-8, and that the narrative reason for her separation was parenthood. It also verifies that the applicant was assigned a Separation Program Designator (SPD) code of JDG and a RE code of RE-3.
Army Regulation 635-5-1 (SPD 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. The SPD code of JDG was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation
635-200, paragraph 5-8, by reason of parenthood. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes RE-3 as the proper reentry code to assign to soldiers separated for this reason.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-8, in pertinent part, states that individuals will be considered for involuntary separation when parental obligations interfere with the fulfillment of military responsibilities. Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, absenteeism, late for work, inability to participate in training exercises or performed special duties such as CQ and Staff Duty NCO, and nonavailability for worldwide assignments or deployment according to the needs of the Army. Separation processing may not be initiated until the individual has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them. An individual being discharged under this chapter will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in an entry level status.
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. The applicant’s record is void of the specific facts and circumstances concerning the events surrounding her administrative separation. However, the evidence of record does include a properly constituted DD Form 214 that was authenticated by the applicant on the date of her separation, and which contains the authority and reason for her separation. Therefore, the Board presumes government regularity in his separation processing.
2. Further, the evidence of record confirms that the applicant was properly assigned the SPD code of JDG and the RE-3 code in accordance with applicable regulations, based on the authority and reason for her discharge. Thus, the Board concludes that the RE-3 code assigned the applicant was and still is appropriate and that there is no evidentiary basis for changing it at this time.
3. 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.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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
SAC KWL JTM DENY APPLICATION
CASE ID | AR2002069232 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 2002/05/07 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR 635-200. . . . . |
DISCHARGE REASON | Parenthood |
BOARD DECISION | (DENY) |
REVIEW AUTHORITY | |
ISSUES 1. | 100.0300 |
2. | |
3. | |
4. | |
5. | |
6. |
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