IN THE CASE OF:	  

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080013500 


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 that his records be corrected by upgrading his reentry code (RE Code) from RE-3 to RE-1 so he may reenter military service.

2.  The applicant states that he did not want to be separated; however, his spouse was ill at the time and he had to make his decision hastily.  He now wants to join the Air Force as a Para-rescue, but his RE-3 prevents him from doing so. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 August 2007; a copy of a Red Cross message, dated 21 March 2007; and a copy of his DD Form 2792 (Exceptional Family Member Medical Summary), dated 31 May 2007; in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army for a period of 3 years on 10 March 2005.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.

2.  The applicant’s records further show he served in Iraq in support of Operation Iraqi Freedom, from 4 January 2007 to 25 March 2007.  His awards and decorations include the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Expert Infantryman Badge, the Combat Infantryman Badge, and the Parachutist Badge.

3.  On 26 June 2007, the applicant was counseled by the Rear Detachment Commander regarding the need to maintain a family care plan (FCP) as a result of his spouse’s mental health condition rendering her unable to care for his children.  The applicant indicated he understood the contents of his counseling and the need to have an FCP validated within 30 days of the date of this counseling.   

4.  On 27 June 2007, by memorandum, the applicant notified his chain of command that he was unable to complete an FCP and requested a waiver of the 30-day period. 

5.  On 10 July 2007, the applicant’s Rear Detachment Commander counseled the applicant again regarding the need to have a valid FCP.  However, the applicant again indicated that he was unable to obtain an FCP.

6.  On 15 July 2007, the Rear Detachment Commander notified the applicant of his intent to initiate separation action against him for failure to maintain an FCP.  The applicant subsequently acknowledged notification on 24 July 2007.  

7.  On 25 July 2007, the applicant’s immediate commander initiated separation action against him in accordance with paragraph 5-8 of Army Regulation (AR) 635-200 (Personnel Separations) for failure to submit a valid FCP-Parenthood.  The immediate commander further recommended an Honorable Discharge Certificate.

8.  On 27 July 2007, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation for parenthood, the type of discharge and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him, and elected not to submit a statement on his own behalf.  

9.  On 9 August 2007, the separation authority approved the applicant’s discharge under the provisions of chapter 5-8 of AR 635-200 by reason of "Parenthood" and directed the applicant be furnished an Honorable Discharge Certificate.  Accordingly, the applicant was discharged on 30 August 2007.  The DD Form 214 he was issued confirms he was discharged with an honorable character of service and that he completed a total of 2 years, 5 months, and 
21 days of creditable active military service.  Item 26 (Separation Code) of his DD Form 214 shows the entry "JDG" and Item 27 (Reentry Code) shows the entry “3.”

10.  AR 635-200 (Enlisted Separations), sets forth the basic authority for the separation of enlisted personnel.  Chapter 5 of this regulation provides, in pertinent part, that a Soldier may be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities.  Non-availability for worldwide assignment or deployment according to the needs of the Army may be a reason for separation because of parenthood.  Separation processing may not be initiated until the Soldier is adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them.  The service of a Soldier separated per this paragraph will be characterized as honorable.

11.  AR 600-20 (Army Command Policy), specifies in pertinent part, that a Soldier requiring an FCP is responsible for implementing the FCP and thus ensuring the care of his/her family members.  Soldiers must arrange for the care of their family member so as to be available for duty when and where the needs of the Army dictate.  Soldiers will be counseled on voluntary and involuntary separation whenever parenthood interferes with military responsibilities.

12.  AR 635-200 states, in pertinent part, 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.  Table 3-1 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes):

	a.  RE–1, applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.  Recruiters are responsible for processing an applicant's request for waiver to the proper approval authority.  The burden is on the applicant to prove to waiver authorities that he or she has overcome their disqualification for enlistment and that their acceptance would be in the best interest of the Army.

13.  Army Regulation 635-5-1 (Separation Program Designator 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.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.  

14.  A separation code of "JDG" applied to persons who are separated under the provisions of chapter 5-8, AR 635-200 by reason of Parenthood.  The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals separated for this reason.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-3 code should be upgraded to an RE-1.

2.  The evidence of record confirms that the applicant’s RE code was assigned based on the fact that he was separated under the provisions of chapter 5-8, AR 635-200 due to parenthood.  Absent the parenthood, there was no fundamental reason to process the applicant for discharge.  The underlying reason for his discharge was his failure to submit a valid family care plan.  The only valid narrative reason for separation permitted under that paragraph is parenthood and the appropriate RE code associated with his discharge is RE-3.

3.  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.  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 did not submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X_____  __X_____  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)                                         AR20080013500



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ABCMR Record of Proceedings (cont)                                         AR20080013500



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