BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110019299
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 reentry (RE) code from RE-3 to RE-1.
2. The applicant states her RE-3 was the result of her being pregnant while in service.
3. The applicant provides no documentary evidence 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 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 enlisted in the Regular Army (RA) on 11 November 1977. She was trained in and awarded military occupational specialty (MOS) 72G (Switchboard Operator).
3. On 20 June 1978, the applicant requested separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel),
chapter 6, hardship based on her inability to properly care or her child.
4. On 28 August 1978, the applicants request for separation was approved and on 20 November 1978, she was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 6. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows she held the rank/grade of specialist four (SP4)/E-4 and she completed
3 years, 11 months, and 9 days of total active service. She was assigned a Separation Program Designator (SPD) code of KDG (Parenthood of married service women/sole parents) and an RE-3 code.
5. 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. It states that the SPD code KDG is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 6, by reason of parenthood. The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of KDG.
6. Army Regulation 635-200 further states 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 RA and the U.S. Army Reserve (USAR). Table 3-1 included 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 for enlistment unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change her RE code from RE-3 to RE-1 has been carefully considered. However, there is insufficient evidentiary basis to support her claim. The governing regulation in effect at the time of the applicants separation provided for assigning an SPD code of KDG and corresponding
RE code of RE-3 to members separated under the provisions of Army Regulation 635-200, chapter 6, by reason of parenthood.
2. The evidence of record confirms the applicant voluntarily requested separation based on her inability to properly care for her child. It further shows her separation request was properly processed in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Absent any evidence of error or injustice related to the separation process and the RE code assignment, there is an insufficient evidentiary 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.
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