BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100009974
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 of "3" be changed to an RE code of "1."
2. The applicant states, in effect:
* he was a single parent with full parental custody at the time of his separation
* he is now married
* he has the capability of establishing a family care plan
3. The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 2648 (Preseparation Counseling Checklist), DD Form 93 (Record of Emergency Data), his Enlisted Record Brief (ERB), and his Marriage License.
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 applicants 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 applicants 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 military personnel records show he enlisted in the Regular Army (RA) on 20 May 2004 for a period of 3 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).
3. On 11 November 2005, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-8, by reason of parenthood. He had completed a total of 5 years, 8 months, and 6 days of active service that was characterized as honorable. He was assigned a separation program designator (SPD) code of "JDG" and an RE code of RE-3.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-8 of this regulation provides for the involuntary separation of Soldiers when parental obligations interfere with fulfillment of military responsibilities. Separation processing may not be initiated under this paragraph until the Soldier has been adequately counseled concerning deficiencies and he/she has been afforded the opportunity to overcome them.
5. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. Table 2-3 (SPD codes applicable to enlisted personnel) shows that the SPD code of "JDG" as shown on the applicant's DD Form 214 specifies the narrative reason for discharge as "Parenthood."
6. The applicable SPD/RE Code Cross-Reference Table shows that the appropriate RE code for the SPD code of "JDG" is RE-3.
7. Army Regulation 635-200 further 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 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-1 includes a list of the RA 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code of 3 should be changed was carefully considered. However, by regulation, the applicant was properly assigned an RE code of 3 based on his voluntary separation under the provisions of Army Regulation 635-200, paragraph 5-8, by reason of parenthood.
2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. Although the applicant does not specify the reason for his request, he is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his 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.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100009974
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