IN THE CASE OF:	  

		BOARD DATE:  11 October 2012

		DOCKET NUMBER:  AR20120005883 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his reentry (RE) code as "1" vice "3."

2.  The applicant states he was pressured by his chain of command into a discharge from the Army due to not having a family care plan when one was not needed.  His wife is an adult woman quite capable of self-care and making her own decisions.  This was the Army's unethical way of bullying him in order to downsize the Army which resulted in them getting rid of a quality noncommissioned officer.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Having had prior active and Reserve service, the applicant's records show he enlisted in the Regular Army on 2 October 2006 and he held military occupational specialty 19K (M1 Armor Crewman).  He attained the rank/grade of sergeant (SGT)/E-5 on 1 September 2010.  He was assigned to the Rear Detachment, 1st Battalion, 67th Armor Regiment, Fort Carson, CO.  

2.  His records contain a DA Form 5304 (Family Care Plan Counseling Checklist), dated 20 May 2011, wherein the applicant acknowledged he received Family Care Plan counseling by his immediate commander on that date because his status was a Soldier whose spouse was incapable of self-care or was otherwise physically, mentally, or emotionally disabled so as to require special care or assistance.  He further acknowledged that he must arrange care for his family member so as to be available for duty when and where the needs of the Army dictated and able to perform his assigned duties without interference of family responsibilities.  The applicant and his immediate commander each placed their signature in the appropriate block.

3.  On 12 July 2011, the applicant was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph
5-8, for his failure to maintain a Family Care Plan.  

4.  On 12 July 2011, he acknowledged notification of the proposed discharge from the Army.  He also acknowledged that he was advised of the basis for the contemplated separation action, the possible effects of a general under honorable conditions discharge, and of the procedures and rights that were available to him.  He waived consideration of his case by an administrative separation board, waived his right to consult with legal counsel, and elected not to submit a statement in his own behalf.

5.  On 15 July and 19 July 2011, respectively, his intermediate and senior commander's recommended approval of the applicant's separation action with the issuance of an Honorable Discharge Certificate.

6.  The separation authority subsequently approved his separation action.  

7.  Orders Number 203-0005, dated 22 July 2011, issued by Headquarters, U.S. Army Garrison, Fort Carson, CO, reassigned him to Fort Carson Transition Center and discharged him from the Army effective 29 September 2011.

8.  The DD Form 214 he was issued for this period of service confirms he was honorably discharged on 29 September 2011, in the rank of SGT, under the provisions of Army Regulation 635-200, paragraph 5-8, by reason of parenthood. Item 26 (Separation Code) of this form contains the entry "JDG" and Item 27 (RE Code) contains the entry "3."  He completed 4 years, 9 months, and 28 days of net active service during this period of service.

9.  Army Regulation 635-200 sets forth the basic policy for the separation of enlisted personnel.  Paragraph 5-8 states that Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities.  Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, inability to participate in field training exercises, and non-availability for worldwide assignment or deployment according to the needs of the Army.
10.  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.  It states that the SPD code of "JDG" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, paragraph
5-8, by reason of parenthood.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated under these provisions with an SPD code of "JDG."

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 shows the RE codes and states in pertinent part:

	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 evidence of record confirms the applicant was counseled in May 2011 on the requirement to maintain a family care plan for his spouse and he agreed with the requirement.  However, he failed to establish the required family care plan.  Accordingly, his commander initiated separation action against the applicant.  His separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reason for separation were therefore appropriate considering all the facts of the case. 

2.  The evidence of record shows he was separated under the provisions of Army Regulation 635-200, paragraph 5-8, with an SPD code of "JDG."  Although paragraph 5-8 refers to parental obligations that interfere with military obligations, this is the proper paragraph to separate a Soldier for failure to maintain a required family care plan.  There is no other paragraph that applies specially to spousal obligations vice parental obligations.

3.  Based on his separation under this provision, he was appropriately assigned an RE code of "3" at the time of discharge.  An RE code of "3" is the correct code for Soldiers separated by reason of parenthood.  Therefore, he is not entitled to the 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.



ABCMR Record of Proceedings (cont)                                         AR20120005883





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ABCMR Record of Proceedings (cont)                                         AR20120005883



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