IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100030167
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 (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so that he may be eligible to reenter the Army.
2. He states he was discharged on the basis of parenthood, but he is now divorced and his ex-wife has custody of their child. He wants to rejoin the military and his recruiter has informed him that he needs his RE code changed to 1 or 2 to be eligible for reenlistment.
3. He does not provide any additional evidence.
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 record shows he enlisted in the Regular Army on 2 January 1997.
3. His DD Form 214 shows he was discharged on 12 August 2000 under the provisions of paragraph 5-8, Army Regulation 635-200 (Active Duty Enlisted Administration Separations), parenthood. Item 26 shows he was assigned a separation program designator (SPD) code of "JDG" and item 27 (Reentry Code) shows an RE code of "3." He was credited with completing
3 years, 7 months, and 11 days of active service.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-8 establishes policy and prescribes procedures involuntary separation due to parenthood. The regulation states that Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of their military responsibilities.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and 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 and includes a list of Armed Forces RE codes including Regular Army RE codes. The RE code of 3 applies to persons separated from their last period of service with a waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
6. 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. The SPD code of JDG applies to Soldiers separated for parenthood.
7. The SPD/RE Code Cross Reference Table states that when the SPD code is JDG, the RE code of 3 will be assigned.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was separated for parenthood. Therefore, he was assigned an RE code of 3 which is consistent with the reason for separation. He has failed to show his assigned RE code is in error or unjust.
2. There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the assigned RE code of 3. His desire to be able to enter the Army in the future was considered; however, there are no provisions authorizing the change of an RE code for this purpose.
3. However, he is advised that although no change to his RE code is recommended, this does not mean he is being denied reentry into the military. While an RE-3 does apply to persons who are not considered fully qualified for reentry or continuous service there are provisions for a waiver of the disqualification. If he desires to enlist he should contact a local recruiter to determine his eligibility. Those individuals can best advise a former service member as to the needs of the Army at the time and are required to process RE code waivers.
4. In view of the foregoing, there is no basis for granting his request.
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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