RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2007
DOCKET NUMBER: AR20070008734
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.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Mr. Jose A. Martinez
Member
Mr. Chester A. Damian
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 items 26 (Separation Code) and 27 (Reentry Code) of her DD Form 214 be changed.
2. The applicant states that in October 2005 she notified her chain of command that she wanted to be released from her obligation of service due to her not having someone trustworthy enough to keep her children while she fulfilled her responsibilities as a Soldier. Her chain of command insisted that she should stay, but she continued to inform them that she wanted to be out. She feels that this should be constituted as a voluntary, not an involuntary, separation. She is currently trying to go in under another branch of Service and is not able to do so due to those codes.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 15 June 2001. She completed basic training and advanced individual training and was awarded military occupational specialty 92A (Automated Logistical Specialist). She was assigned to Germany on or about 12 September 2005.
2. On 1 November 2005, the applicant was counseled on the policy on family member care responsibilities and indicated that she fully understood the policy. She indicated, in part, that she understood that if she failed to maintain a Family Care Plan she was subject to separation, administrative action, or disciplinary action.
3. The applicants children arrived in Germany on or about 5 January 2006. On 18 January 2006, she was counseled concerning her failure to complete a Family Care Plan. She indicated I have no family care plan whether it be short or long term.
4. 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.
5. On 14 March 2006, the applicant was advised by consulting counsel of the basis for the contemplated action to separate her for involuntary separation due to parenthood and its effects, of the rights available to her, and of the effect of any action taken by her in waiving her rights. She did not submit a statement in her own behalf.
6. The appropriate authority approved the separation recommendation. On 12 May 2006, the applicant was discharged under the provisions of Army Regulation 635-20, paragraph 5-8 due to parenthood. Item 26 of her DD Form 214 shows she was given a separation code of JDG (involuntary discharge under the provisions of Army Regulation 635-200, paragraph 5-8 due to parenthood). Item 27 shows she was given a reentry (RE) code of 3.
7. Army Regulation 635-200 governs the separation of enlisted personnel. Paragraph 5-8 provides for the involuntary separation due to parenthood of Soldiers when parental obligations interfere with fulfillment of military responsibilities.
8. 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 U.S. 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.
9. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
10. The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross Reference Table states that when the separation code is JDG then RE code 3 will be given.
DISCUSSION AND CONCLUSIONS:
1. There are no regulatory provisions for a Soldier to voluntarily request separation due to failure to complete a Family Care Plan, whether deliberately or because family caretakers cannot be provided.
2. The applicant was advised by consulting counsel of the basis for the contemplated action to separate her for involuntary (emphasis added) separation due to parenthood. The fact that her separation code indicated an involuntary separation should have come as no surprise to her.
3. The applicants enlistment disqualification would normally be waivable for enlistment in the Army (and normally after a 2-year wait); however, it is understood that other branches of Service might have different criteria for enlistment.
4. Based upon the authority and reason for her separation the applicant was given the correct separation code. Based upon the separation code she was given the correct RE code.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__bje___ __jam___ __cad___ 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.
___Barbara J. Ellis___
CHAIRPERSON
INDEX
CASE ID
AR20070008734
SUFFIX
RECON
DATE BOARDED
20071108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
110.02
2.
100.03
3.
4.
5.
6.
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