BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100014292
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 his reentry eligibility (RE) code be changed.
2. The applicant states, in effect, his current RE code of RE-3 should be changed to RE-2 to show he was qualified for enlistment/reenlistment in accordance with Army Regulation 600-200 (Active Duty Enlisted Administrative Separations), chapter 5.
3. The applicant provides one page insert from Army Regulation 600-200, chapter 5, paragraph 8.
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. He had prior enlisted service. After a break in service, he enlisted in the Regular Army on 6 January 1999 and trained as a network switching systems operator maintainer. He attained the rank of sergeant. On 2 November 2005, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-8, for parenthood.
3. Item 25 (Separation Authority) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 November 2005 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 5-8." Item
26 (Separation Code) on his DD Form 214 shows the entry, "JDG." Item
27 (Reentry Code) on his DD Form 214 shows the entry, "3." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "PARENTHOOD."
4. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code JDG is Parenthood and the regulatory authority is Army Regulation 635-200, paragraph 5-8.
5. 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 (Regular Army and Army Reserve Enlistment Program), dated 16 May 2005, covered eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
6. RE-3 applied to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
7. RE-2 applied to persons separated prior to 16 May 2005 for the convenience of the Government whose reenlistment was not contemplated. These individuals were fully qualified for enlistment. However, after 16 May 2005, RE-2 was not used.
8. RE-1 applied to persons completing an initial term of active service who were fully qualified when last separated.
9. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 31 March 2003, shows that SPD "JDG" will be issued an RE code of 3.
10. Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was involuntarily separated on
2 November 2005 for parenthood. By regulation, this mandated that he be assigned an RE-3 code upon his separation from the Army.
2. The evidence of record confirms that his separation processing was accomplished in accordance with the applicable regulations, to include the
RE-3 code assignment. Lacking independent evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. Therefore, the Board concludes that the assigned RE-3 code was appropriate.
3. His disqualification is waivable and he has the option of visiting his local recruiting station and consulting with recruiting personnel who are required to process a waiver request if that is his intent.
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.
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