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ARMY | BCMR | CY2005 | 20050003081C070206
Original file (20050003081C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050003081


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Della R. Trimble              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her reentry eligibility (RE) code,
currently RE-3, be changed to RE-1.

2.  The applicant states, in effect, that she was discharged due to her
inability to provide an adequate family care plan.  The applicant further
states that she is now able to provide an adequate family care plan and
that she wants to become a member of the Armed Forces again.

3.  The applicant provides no evidence or documentation in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she enlisted on 2 February
1996 for a period of 4 years.  She successfully completed basic combat and
advanced individual training and was awarded the military occupational
specialty 88M2H (motor transport operator).  She reenlisted on 10 February
1999 for a period of
3 years and on 20 February 2001 for a period of 3 years.

2.  The applicant's commander recommended that the applicant be discharged
due to parenthood.  The commander stated that the applicant was unable to
provide a dependent care plan for her children.  The commander further
stated that the applicant's inability to deploy on worldwide assignment was
not in the best interest of the service.

3.  On 13 February 2003, the appropriate authority directed that the
applicant be discharged due to parenthood and that she receive an honorable
discharge.

4.  On 30 April 2003, the applicant was discharged due to parenthood,
assigned a separation program designator code (SPD) code of JDG, and
assigned a RE code of RE-3.  She had served 7 years, 2 months, and 29 days
of active service that was characterized as honorable.  The highest grade
held by the applicant was sergeant/pay grade E-5.

5.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) sets forth the basic authority for the administrative
separation of enlisted personnel.  Chapter 5 of this regulation provides,
in pertinent part, that a Soldier will be considered for involuntary
separation when parental obligations interfere with fulfillment of military
responsibilities.  Specific reasons for separation because of parenthood
include: 1) inability to perform prescribed duties satisfactorily;
2) repeated absenteeism; 3) repeated tardiness; 4) inability to participate
in field training exercises or perform special duties; and 5) non-
availability for worldwide assignment or deployment according to the needs
of the Army.

6.  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.  The regulation shows that the SPD code “JDG” as
shown on the applicant’s DD Form 214 specifies the narrative reason for
discharge as “Parenthood."

7.  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
(Regular Army and Army Reserve Enlistment Program), 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 Regular
Army RE codes.

      a.  RE–1 applies to persons completing their term of service who are
considered qualified to reenter the Army.

      b.  RE-3 applies to persons who are not considered fully qualified
for reentry or continuous service at the time of separation, but the
disqualification is waivable.

8.  The Separation Program Designator Code SPD/Reentry (RE) Code Cross-
Reference Table, dated 31 March 2003, shows that the appropriate RE code
for the SPD code of JDG is RE-3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her reentry eligibility (RE) code,
currently RE-3, should be changed to RE-1 so she can join reenlist in the
Armed Forces.

2.  The Army Board for Correction of Military Records (ABCMR) does not
correct records solely for the purpose of establishing eligibility for
other programs or benefits.

3.  The applicant was discharged due to parenthood.  According to Army
Regulations, the RE-3 assigned to the applicant at the time of his
discharge is correct.

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

5.  The applicant is advised that although no further change to her RE code
is recommended, this does not mean she is being denied reenlistment.  While
RE-3 does apply to persons who are not considered fully qualified for
reentry or continuous service, there are provisions that provide for a
waiver of the disqualification.  If she desires to reenlist, she should
contact a local recruiter to determine her eligibility.  Those individuals
can best advise a former service member as to the needs of the Army at the
time and are required to process RE code waivers.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___sk___  ___drt___  ___dja_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  __________Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003081                           |
|SUFFIX                  |                                        |
|RECON                   |20051108                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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