IN THE CASE OF:	

		BOARD DATE:	      30 December 2008

		DOCKET NUMBER:  AR20080017539 


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 reentry eligibility (RE) code be changed from RE-3 to RE-1.

2.  The applicant states, in effect, that, at the time of his separation, he was married to another service member with children and these factors interfered with his ability to fulfill his military duties.  The dual military and parenthood issue is no longer a factor since both he and his spouse have been discharged.  He would like to have his RE code changed to an RE-1 to allow for reentry.

3.  The applicant provides copies of both his and his spouse's DD Forms 214 (Certificates of Release or Discharge from Active Duty).

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 enlisted in the Regular Army on 21 August 1991, reenlisted, and served honorably for 7 years, 1 month, and 16 days.

3.  His DD Form 214 shows that he was released from active duty on 6 October 1998 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) with a Reserve obligation through 23 May 1999.  The reason for his separation was due to parenthood under Army Regulation 635-200 (Personnel Separations), paragraph 5-8.  He was given a separation program designator (SPD) code of LDG and an RE code of 3.

4.  The applicant's wife enlisted in the Regular Army on 3 August 1988 and reenlisted twice.  Her DD Form 214 shows she was discharged on 4 December 1998.  The reason for her separation was due to parenthood under Army Regulation 635-200, paragraph 5-8.  She was give an SPD code of LDG and an RE code of 3.

5.  The applicant's Integrated Personnel Electric Records Management System record does not contain any documentation of the reason the applicant was processed for separation under the parenthood provisions.

6.  Army Regulation 635-200, paragraph 5-8, states that Soldiers will be considered for involuntary separation when parental obligations interfere with the fulfillment of their military responsibilities.  Specific reasons for separation because of parenthood include:  inability to perform prescribed duties satisfactorily, repeated absenteeism, repeated tardiness, inability to participate in field training exercises or perform special duties such as staff duty noncommissioned officer, and non-availability for worldwide assignment or deployment according to the needs of the Army.

7.  Army Regulation 635-5-1 (SPD 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.  It states, in pertinent part, that the SPD code of LDG is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-8, by reason of parenthood disqualifications.  The SPD/RE Code Cross Reference Table included in the regulation establishes an RE-3 as the proper code to assign to members separated with this SPD code.

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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR.  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.  These codes are contained on military discharge documents and determine whether or not one may reenlist or enlist in a military service at a later time.  In general, those who receive an Army RE code of 1 may reenlist in the Army or another service with no problem.  Individuals with an RE code of 3 can normally reenlist in the Army or another Service, but will probably require a waiver to be processed.  Individuals with an Army RE code of 4 are normally not eligible to reenlist in the Army or join another service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated based on the fact that both he and his wife were on active duty and that this situation created some type of parenthood obligation problems.

2.  At the time the applicant was separated he did not meet the requirements for retention due to parenthood.  He was separated for this reason and the SPD and RE codes used were proper and appropriate at the time of separation.

3.  Since the reason for a Soldier's separation drives the SPD issued, which in turn determines what RE code is authorized, and the applicant has provided no documentation to show that an error or injustice existed at the time of his separation, no change of the RE code is warranted.

4.  If the applicant is serious about reentering the Army and his parenthood status and/or the reason his parental obligations interfered with his ability to fulfill his military duties have changed, the appropriate action is for applicant to request a waiver through Recruiting Command.

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.



      __________X_______________
                 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)                                         AR20080017539





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ABCMR Record of Proceedings (cont)                                         AR20080017539



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