RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2007
DOCKET NUMBER: AR20060011014
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. Gerard W. Schwartz
Acting Director
Ms. Stephanie Thompkins
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. Paul M. Smith
Member
Mr. Jerome L. Pionk
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 (RE) Code be changed from RE-3 to RE-1.
2. The applicant states that she believes her record to be in error because she received a honorable discharge and was never disciplined while in the military.
3. The applicant provides a copy of her DD Form 214 Worksheet in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show she enlisted in the Regular Army, in pay grade E-2, on 5 October 2004, for 4 years. She was promoted to pay grade E-3 on 5 October 2004.
2. On 6 January 2005, the applicant submitted a statement requesting separation from the Army because she no longer had a suitable caregiver for her daughter.
3. On 10 January 2005, the applicant was counseled regarding the need to implement a Family Care Plan and separation from the Army procedures should she fail to initiate a Family Care Plan.
4. On an unknown date, the applicants commander notified her that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, chapter 5, Paragraph 5-8, for inability to perform duties due to parenthood. The commander cited as the basis for his recommendation, the applicants failure to provide an adequate Family Care Plan. He recommended the applicant receive an Entry Level Discharge.
5. On an unknown date, the applicant waived her right to legal counsel and acknowledged the proposed separation under the provisions of Army Regulation 600-200, Chapter 5, Paragraph 5-8. She elected not to submit a statement in her own behalf. In doing so, she acknowledged that she might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Department of Veterans Affairs if a general discharge under honorable conditions was issued. She also acknowledged that she would be ineligible to apply for enlistment in the US Army for a period of 2 years after her discharge.
6. On an unknown date, the separation authority approved the applicants involuntary separation due to parenthood and directed she received a honorable discharge and not be transferred to the Individual Ready Reserve.
7. The applicant was discharged, in pay grade E-3, on 11 February 2005. She was credited with 4 months and 7 days total service and had not completed the first full term of service.
8. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Chapter 5, Paragraph 5-8, of this regulation provides that a Soldier will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities. Separation processing may not be initiated under this paragraph until the Soldier has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them.
9. 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 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 reentry codes, including Regular Army RE codes.
10. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable for reenlistment after a 2-year period has elapsed since discharge. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, 14, and 16 of Army Regulation 635-200.
11. RE-1 applies to persons completing their term of service (expiration of term of service (ETS)) who are considered qualified to reenter the Army.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances, the applicant's RE Code of "3" is consistent with the basis for her separation and in this case finds no basis to change the existing code.
2. The applicant has failed to show, through the evidence submitted with her application or the evidence of record, that her separation which resulted in receiving an RE Code of RE "3" was in error or unjust.
3. The applicant should be aware that she is eligible to contact enlistment officials and apply for a waiver for reenlistment after a 2-year period has elapsed since discharge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____JP__ ___WDP_ ___PMS_ 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.
_____William D. Powers_____
CHAIRPERSON
INDEX
CASE ID
AR20060011014
SUFFIX
RECON
DATE BOARDED
20070313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.03
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070008734C080213
She is currently trying to go in under another branch of Service and is not able to do so due to those codes. On or about 14 March 2006, the applicants commander initiated involuntary separation action on the applicant under the provisions of Army Regulation 635-200, paragraph 5-8 due to parenthood due to the applicants failure to maintain a valid Family Care Plan. Item 26 of her DD Form 214 shows she was given a separation code of JDG (involuntary discharge under the provisions of...
ARMY | BCMR | CY2012 | 20120011114
On 27 June 2005, her commander notified her that action was being initiated to involuntarily separate her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) due to parenthood. 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. As such, there is no evidence of an error in assignment of her reason for separation...
ARMY | BCMR | CY2006 | 20060011404
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. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210. ____Ted Kanamine______ CHAIRPERSON INDEX CASE ID AR20060011404 SUFFIX RECON DATE BOARDED 20070227 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW...
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 | DRB | CY2013 | AR20130016929
The evidence of record shows on 8 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-8, by reason of parenthood, for failure to maintain an adequate family care plan within the allotted time, with a general, under honorable conditions discharge. The records show the proper discharge and separation authority procedures were not followed in this case. Therefore and as approved by the separation...
ARMY | BCMR | CY2013 | 20130004518
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 26 (Separation Code) something other than LDG * item 27 (Reentry (RE) Code) something other than 3 2. She waived additional time to complete her family care plan and acknowledged she understood that her separation under Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-8 (Involuntary separation for parenthood) would be initiated. ...
ARMY | DRB | CY2013 | AR20130007030
IN THE CASE OF: BOARD DATE: 4 October 2013 CASE NUMBER: AR20130007030 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the narrative reason for discharge was both proper and equitable and voted to deny relief. Discharge received:...
ARMY | BCMR | CY2002 | 2002068587C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The separation action was approved and on 15 August 1995 the applicant was discharged with an honorable characterization of service. The Board notes that there is no evidence of error or injustice in the applicant's separation and that fact that she is now married does not invalidate the original basis for her 1995 separation action.
ARMY | DRB | CY2013 | AR20130013326
Specifically for on or about 1 July 2011, the applicant informed her command that she no longer had a valid family care plan which interfered with her obligations as a parent and her military duties. On 27 February 2012, the separation authority waived further rehabilitation efforts and directed the applicants discharge with a characterization of service of general, under honorable conditions. DA Form 2823 (Sworn Statement), dated 11 January 2012, reflects the applicant stated she...
ARMY | DRB | CY2013 | AR20130011046
The applicant was separated on 24 May 2009, under Army Regulation 635-200, Chapter 5-8, with an honorable discharge, an SPD code of JDG, and an RE code of 3. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.