IN THE CASE OF:	  

		BOARD DATE:	        29 July 2008

		DOCKET NUMBER:  AR20080008405 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her records be corrected by upgrading her reentry code (RE Code) from RE-3 to a more favorable code so she may reenter the Army.

2.  The applicant states that upon completion of her four-year enlistment, her separation orders were revoked due to the Army’s “Stop Loss” policy.  At the time, she and her active duty spouse had a two-month old son, and they were both considered for deployment to Saudi Arabia during the first Gulf War.  She also adds that she was totally unaware of the meaning of her separation and reentry codes and was never advised of the implication of her RE code. 

3.  The applicant provided a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 December 1990, in support of her request. 

CONSIDERATION OF EVIDENCE:

1.  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.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s 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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show she enlisted in the Regular Army for a period of 4 years on 21 January 1987.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 88N (Traffic Management Coordinator).  The highest rank/grade she attained during her military service was specialist (SPC)/E-4.

3.  The applicant’s records also show she was awarded the Army Commendation Medal, the Good Conduct Medal, the Overseas Service Ribbon, the Army Service Ribbon, the Army Achievement Medal, the Army Lapel Button, and the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.  Her records do not show any significant acts of valor during her military service.

4.  On 5 December 1990, the applicant requested separation from the Army under the provisions of paragraph 6-3b of Army Regulation 635-200 (Personnel Separations), by reason of hardship/parenthood.

5.  On 7 December 1990, the applicant’s immediate commander recommended approval of the applicant’s request.  The immediate commander further remarked that the applicant was counseled on the requirements to have an approved family care plan and that the applicant had determined that she could not adequately fulfill those requirements.  

6.  On 11 December 1990, the separation authority approved the applicant's separation for hardship/parenthood, in accordance with chapter 6 of Army regulation 635-200 and directed her term of service be characterized as honorable.  Accordingly, the applicant was honorably released from active duty on 27 December 1990 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining service obligation.  The DD Form 214 she was issued at the time confirms she completed a total of 3 years, 11 months, and 7 days of active military service.  Item 25 (Narrative Reason for Separation) shows the entry “Parenthood of married service woman”, Item 26 (Separation Code) shows the entry “MDG”, and Item 27 (RE Code) shows the entry “RE-3.”

7.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 of Army Regulation 635-200 governs separation because of dependency or hardship.  Paragraph 6-3b(1) provides that a married service woman may apply for separation under hardship when she becomes a parent by birth, adoption, or marriage (stepparent) and whose 
child(ren) under 18 years of age reside within the household.  The regulation requires that the woman must submit evidence that the roles of parent and Soldier are incompatible and that she cannot fulfill her military obligation without neglecting the child or children.

8.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The "MDG" Separation code is the correct code for Soldiers separating under chapter 6-3 of Army Regulation 635-200, Parenthood.

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 (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.  An RE–1 applied to persons who completed an initial term of active service who were fully qualified for enlistment when separated and RE-3 applied to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her RE-3 code should be upgraded to a more favorable code. 

2.  The evidence of record shows that the applicant requested separation from the Army by reason of parenthood.  Upon her release from active duty, she was assigned a separation code of MDG and an RE code of 3.  The SPD code of MDG and RE code of 3 were the appropriate codes for the applicant based on the guidance provided in applicable regulation for Soldiers separating under the provisions of chapter 6-3 of Army Regulation 635-200.  Furthermore, in accordance with applicable regulation in effect at the time of her discharge, the SPD and RE codes entered on her DD form 214 were consistent with the reason and authority for her discharge.  


3.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, she is not entitled to relief. 

4.  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.  The applicant is advised that if she desires to enlist, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  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 applicant’s RE Code. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


															XXX
      ______________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080008405



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ABCMR Record of Proceedings (cont)                                         AR20080008405



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