IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20120000399 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing the authority, reason, and reentry (RE) code of "3" to show she was separated due to a hardship with an RE code of "2.

2.  The applicant states she believes the current entries are unjust because they indicate she was involuntarily separated.

	a.  She contends that she was stricken with grief at the time due to the death of her grandfather.  Her grandmother had been diagnosed with breast cancer at about the same time.

	b.  She is in the Army Reserve and applied for a position in the Active Guard Reserve (AGR) program.  She was offered a position, but it was rescinded because of her involuntary separation in 1998.

	c.  She argues that if she had been separated involuntarily due to parenthood, she should have received formal counseling to resolve the situation or been offered other options.  This was not done.

	d.  She states she could have been separated for a hardship due to family reasons at the time.

	e.  She states that she explained to the AGR Accessions Branch that the circumstances shown on her DD Form 214 occurred 13 years ago, when she was 21 years of age, a single parent, and undergoing a lot of grief.  She thought she was doing the right thing by requesting a discharge.

	f.  Her circumstances are completely different, she is now married, and her mother lives with her and helps tremendously when she and her husband leave for work or training.  The AGR advised her that unless the reason for separation is changed she may never be able to serve in an active duty status again.

3.  The applicant provides copies of:

* Member copy 1 and 4 of her DD Form 214
* Email from AGR Enlisted Accessions to the applicant, dated 29 December 2011
* DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the periods from 1 December 2008 to 30 November 2009, 1 December 2009 to 30 November 2010, and 1 December 2010 to 30 November 2011
* Memorandum, 377th Chemical Company, dated 10 December 2010
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated    1 December 2011
* Notice of Offer from AGR Accessions to the applicant, undated, Paragraphs 1-16, 6-1 through 6-6, Army Regulation 635-200 (Personnel Separations)

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 9 June 1995, the applicant enlisted in the Regular Army (RA).  She completed her initial training and was awarded military occupational specialty 71L (Administrative Specialist).


3.  The applicant's available records do not contain a copy of her discharge packet or any related documents, other than her DD Form 214, which indicates that:

	a.  she had attained the rank of specialist, pay grade E-4;

	b.  she was assigned to Hunter Army Airfield located in Georgia;

	c.  she had previously reenlisted in June 1998;

	d.  she was released from active duty on 17 September 1998 due to parenthood, under the authority of paragraph 5-8, Army Regulation 635-200;

	e.  her characterization of service was honorable;

	f.  she was assigned a separation program designator (SPD) code of "LDG" and an RE code of "3"; and

	g.  she completed 3 years, 3 months, and 9 days of creditable active service.

4.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

5.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the 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 RA RE codes.  RE- 3 applies to persons separated from their last period of service with a waivable disqualification.

6.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of "LDG" was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulaiton 635-200, paragraph 5-8, for parenthood.  Additionally, the SPD/RE Code Cross Reference Table establishes that an RE code of "3" as the proper RE code to assign to Soldiers for this reason.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected by changing the authority, reason, and RE code to show her reason for discharge as a hardship and her RE code as "2."  She contends that the current entries are unjust and are denying her an AGR position.

2.  In the absence of evidence to the contrary, it is presumed that the applicant's separation from the RA in 2009 was accomplished in accordance with laws and regulations applicable at the time.

3.  The applicant argues that she had requested a discharge implying that she was not involuntarily separated.  However, she does not say her request was based on a family hardship, but rather that she was 21 years of age, a single parent, and undergoing a lot of grief.  This statement lends itself to her having been separated due to parenthood rather than because of a hardship.

4.  The SPD and RE codes shown on her DD Form 214 indicates she was separated based on parenthood.  There is no documentary evidence of record showing any error or injustice.

5.  The applicant's desire to become a member of the AGR program is commendable; however, this is not a valid justification for changing the authority, reason, and RE code for her previous discharge.

6.  In view of the foregoing the applicant's request should be denied.

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)                                         AR20120000399



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ABCMR Record of Proceedings (cont)                                         AR20120000399



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