IN THE CASE OF:	  

		BOARD DATE:	        27 January 2009

		DOCKET NUMBER:  AR20080017558 


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

2.  The applicant states that she was discharged for parenthood in 1998; however, this is no longer an issue because she and her husband are now both discharged from the Army.  She adds that she had a spotless military career and would like to reenter the Army.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 December 1998, in support of her application. 

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 on 3 August 1988.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).  Her records also show she executed a series of extensions and/or reenlistments in the Regular Army and was promoted to staff sergeant (SSG)/E-6 on 1 July 1996.

3.  The facts and circumstances surrounding the applicant's discharge are not available for review with this case.  However, her records contain a DD Form 214 that shows she was honorably discharged on 4 December 1998 under the provisions of chapter 5-8 of Army Regulation 635-200 by reason of "Parenthood." This form also shows she completed 10 years, 4 months, and 2 days of creditable active military service.  Item 26 (Separation Code) of her DD Form 214 shows the entry "JDG" and Item 27 (Reentry Code) shows the entry “3.”

4.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 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.

5.  Army Regulation 600-20 (Army Command Policy) specifies, in pertinent part, that a Soldier requiring a family care plan (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.

6.  Army Regulation 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).  An 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.  An 
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.

7.  Army Regulation 635-5-1 (Separation Program Designator (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.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.  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 in effect at the time of the applicant's discharge 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 her RE-3 code should be upgraded to an RE-1.

2.  The applicant's record is void of the facts and circumstances of her discharge. However, the applicant's DD Form 214 confirms that her RE code was assigned based on the fact that she was discharged under the provisions of chapter 5-8, Army Regulation 635-200 due to parenthood.  Absent the parenthood, there was no fundamental reason to process the applicant for discharge.  The only valid narrative reason for separation permitted under that paragraph is parenthood and the appropriate RE code associated with her discharge is RE-3.

3.  The 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 reenter military service, 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

____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)                                         AR20080017558



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ABCMR Record of Proceedings (cont)                                         AR20080017558



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