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Decision Text

ARMY | BCMR | CY2012 | 20120002581
Original file (20120002581.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120002581 


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 reentry eligibility (RE) code of "4" to a code of "3."

2.  The applicant states she received an honorable discharge due to parenthood, she was never in trouble during her military service; therefore, an RE code of "4" is unwarranted.  She is attempting to enter the Connecticut Army National Guard to continue to serve our Nation.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 16 January 2007 for a period of 5 years.  She was awarded military occupational specialty 68K (Medical Laboratory Specialist).

2.  She was promoted to specialist/pay grade E-4 on 1 June 2009.

3.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a bar to reenlistment.

4.  The applicant's military personnel records do not contain a copy of her separation packet.

5.  The applicant's DD Form 214 shows she was honorably released from active duty on 31 August 2011 under the provisions of Army Regulation 635-200 
(Active Duty Enlisted Administrative Separations), paragraph 5-8, by reason of parenthood.  She had completed 4 years, 7 months, and 15 days of creditable active service.  It also shows in:

* item 26 (Separation Code):  "JDG"
* item 27 (Reentry Code):  "4"

6.  Army Regulation 635-200 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.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for item 27, Army Regulation 601-210 (Active and Reserve Components Enlistment Program) determines RA and U.S. Army Reserve (USAR) reentry eligibility and provides regulatory guidance on the RE codes.

8.  Army Regulation 635-5-1 (Separation Program Designator (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.  

   a.  It shows that SPD code "JDG" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-8, by reason of parenthood.

   b.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated with an SPD code of "JDG."

9.   Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 includes a list of the RE codes.

	a.  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.


   b.  RE-4 applies to Soldiers separated from their last period of Service with a non-waivable disqualification.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her RE code of "4" should be changed to "3."

2.  Records show the applicant was separated under the provisions of Army Regulation 635-200, paragraph 5-8, by reason of "Parenthood," and correctly assigned the SPD code of "JDG."

3.  The evidence of record shows that an RE code of 3 will be assigned to members who are assigned an SPD code of "JDG."
4.  There is no evidence of record of a non-waivable disqualification or that a bar to reenlistment was imposed against the applicant.  Thus, there is no basis for the applicant having been assigned an RE code of 4.

5.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the RE code of “3."

6.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification.  Therefore, if she desires to reenter military service, she should contact a local recruiter who can best advise her on her 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 they may also process
RE code waivers.

BOARD VOTE:

____x___  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 27 of her DD Form 214 the entry "4" and adding the entry "3." 




      _______ _   _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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ABCMR Record of Proceedings (cont)                                         AR20120002581



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