IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120011114 


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 a change of her reentry (RE) code to "1" and her narrative reason for separation to allow her to reenter the Army.

2.  The applicant states she is trying to reenter in the Army.

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).

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.  Her military records show she enlisted in the Regular Army on 13 August 2001.  She completed training and was awarded the military occupational specialty of 91E (Dental Specialist).  The highest rank/grade she held was specialist/E-4.

3.  A DA Form 4856-E (Developmental Counseling Form), dated 8 February 2005, indicates she was counseled for not having a family care plan that provided sufficient coverage for her to perform her military duties.

4.  On 27 June 2005, her commander notified her that action was being initiated to involuntarily separate her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) due to parenthood.  The reason given was that on 8 February 2005 the applicant was counseled on providing an adequate family care plan.  On 28 April 2005, she was counseled for not producing a family care plan within an additional 30-day period provided.  She understood that failing to provide a family care plan could result in discharge according to Army Regulation 635-200.  Her rights were included in this notification.  She acknowledged receipt of this notification.

5.  She was advised by consulting counsel of the basis for the contemplated action to involuntarily separate her due to parenthood under the provisions of Army Regulation 635-200, paragraph 5-8, and its effects.  She was advised of the rights available to her and of the effect of any action taken by her to waive her rights.  She elected to waive her rights in conjunction with this consultation.  She did not elect to make a statement on her own behalf.   

6.  On 4 November 2005, the applicant's commander's recommendation for separation was approved by the appropriate authority.  

7.  On 9 December 2005, the applicant was honorably discharged from active duty with an honorable characterization of service under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood.  She completed 4 years, 3 months, and 27 days of creditable active military service with a separation program designator (SPD) code of JDG and an RE code of 3.

8.  Army Regulation 635-5-1 (SPD Codes), table 2-3, states the SPD code of JDG denotes parenthood.

9.  The U.S. Army Human Resources Command publishes a cross-reference table of SPD and RE codes.  The cross-reference table in effect at the time showed an SPD code of JDG was assigned an RE code of 3.

10.  Pertinent Army regulations provide 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 Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes.  Table 3-1 of the regulation states that a code of RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.

11.  Army Regulation 635-200, paragraph 5-8, states 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, repeated tardiness, inability to participate in field training exercises or perform special duties such as charge of quarters and staff duty noncommissioned officer, and non-availability for worldwide assignment or deployment according to the needs of the Army.  Separation processing may not be initiated under this paragraph until the Soldier has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows she was properly discharged due to parenthood for failure to maintain an adequate family care plan.  As such, there is no evidence of an error in assignment of her reason for separation or RE code.

2.  In view of the fact she was involuntarily discharged under the provisions of Army Regulation 635-200, paragraph 5-8, the assigned RE code of 3 was and still is appropriate.

3.  While the applicant's desire to reenter the Army is commendable, this is not a basis for changing her reason for separation or her properly-assigned RE code.  Her RE code of 3 simply means she was not eligible to reenlist at the time of separation.  However, the enlistment criteria change and individuals have the right to apply for a waiver; therefore, she should periodically visit her local recruiting station to determine if she should apply for a waiver. 

4.  In view of the foregoing, there is no basis for granting the applicant's 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.

ABCMR Record of Proceedings (cont)                                         AR20120011114



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ABCMR Record of Proceedings (cont)                                         AR20120011114



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