BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090018000 


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 change of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code of "1" instead of "3" to allow her to reenter the military.  She also requests change of her reason for separation.

2.  The applicant states her parenthood is no longer an issue and she wants to return to active duty, but the only way she can do that is if her reentry code is changed to a "1."

3.  The applicant provides no additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she enlisted in the Regular Army (RA) on 29 August 2002.  She was awarded military occupational specialty (MOS) 88M (motor transport operator).  The highest rank/grade she held during her service was sergeant (SGT)/E-5.

2.  On 21 January 2009, the applicant was counseled on the requirement for a Family Care Plan (FCP) under the provisions of Army Regulation 600-20 (Army Command Policy).  She was advised she had 30 days from the date of counseling to present a completed FCP and that failure to do so could result in a 


bar to reenlistment or separation from the military.  On 5 February 2009, she requested waiver of the 30 days and requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-8 (involuntary separation due to parenthood).

3.  On 25 February 2009, the applicant was notified by her commander that he was initiating action to involuntarily separate her due to parenthood by reason of her failure to provide an adequate FCP.  She acknowledged receipt of the notification on the same day.

4.  On 27 February 2009, the applicant was advised by consulting counsel of the basis for the contemplated separation action under the provisions of Army Regulation 635-200, paragraph 5-8, and its effects; of the rights available to her; and of the effect of any action taken by her in waiving her rights.  She waived consideration of her case by an administrative separation board conditional upon receiving an honorable discharge.  She did not submit a statement in her own behalf.

5. On 9 March 2009, the separation authority approved the applicant's recommendation for discharge and directed issuance of an Honorable Discharge Certificate.  He also directed she would not be transferred to the Individual Ready Reserve.

6.  The applicant was accordingly discharged from active duty on 11 April 2009 after completing 6 years, 7 months, and 13 days of active service.  Her DD Form 214 shows she was assigned a separation program designator (SPD) of "JDG," an RE code of "3," and a narrative reason for separation of "parenthood."

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-8 states that Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities.

	a.  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 charge of quarters and staff duty noncommissioned officer, and non-availability for worldwide assignment or deployment according to the needs of the Army.


	b.  Separation processing may not be initiated under this paragraph until the Soldier has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states that for:

   a.  item 26, obtain the correct entry from Army Regulation 635-5-1 (SPD Codes), which provides the corresponding SPD code for the regulatory authority and reason for separation.
   
   b.  item 27 (Reentry Code), governed by Army Regulation 601-210 (Active and Reserve Components Enlistment Program) determine RA and U.S. Army Reserve reentry eligibility codes and provides regulatory guidance on the RE codes.
   
   c.  Item 28 (Narrative Reason for Separation) of the DD Form 214 is based on regulatory or other authority for separation and can be checked against the cross-reference in Army Regulation 635-5-1.

7.  Army Regulation 635-5-1, table 2-3 (SPD codes applicable to enlisted personnel), indicates the SPD code of "JDG" denotes an involuntary discharge for "Parenthood."

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 RA and the U.S. Army Reserve Components.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  This regulation states that an RE code of "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.  RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.

9.  Human Resources Command - Alexandria, VA (HRC - Alexandria) publishes a cross-reference table of SPD and RE codes.  The cross-reference table shows that an SPD code of "JDG" was assigned an RE code of "3."



DISCUSSION AND CONCLUSIONS:

1.  The applicant was counseled regarding the requirement for an FCP and she failed to present an adequate FCP.  As a result, discharge action under the provisions of Army Regulation 635-200, paragraph 5-8, was initiated and she was discharged accordingly.

2.  The applicant’s RE code and reason for separation were administratively correct and in conformance with applicable regulations at the time of her discharge.

3.  While it is commendable that the applicant desires to reenter military service, there is no basis for changing a properly assigned RE code or reason for separation.

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 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 are responsible for processing RE code waivers.

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)                                         AR20090018000



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ABCMR Record of Proceedings (cont)                                         AR20090018000



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