IN THE CASE OF:	  

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130004518 


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) to show in:

* item 26 (Separation Code) something other than LDG
* item 27 (Reentry (RE) Code) something other than 3

2.  The applicant states at the time of her discharge the reason for her separation was due to parenthood.  She no longer has any children and she wants to reenter the Army.  She was recently told by her recruiter that in order to reenter the Army she must get her RE code changed.

3.  The applicant provides:

* her DD Form 214
* a statement from her mother, dated 29 October 2012
* a statement from Florida Department of Children and Families, dated
29 October 2012

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.  The applicant enlisted in the Regular Army on 11 January 1996 and she held military occupational specialty 92G (Food Service Specialist).  She was assigned to the 4th Battalion, 227th Aviation Regiment, Fort Hood, TX.

3.  On 6 September 1996, she was counseled by her immediate commander on her responsibility to have a family care plan.  In a memorandum to her commander, dated 10 September 1996, she stated she was unable to complete her family care plan because there was no one acceptable to her that could provide long-term care for her child.  She waived additional time to complete her family care plan and acknowledged she understood that her separation under Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-8 (Involuntary separation for parenthood) would be initiated.

4.  On 8 October 1996, she was notified by her immediate commander that separation action was being initiated against her under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-8, for her failing to maintain a Family Care Plan.  The commander recommended the issuance of an Honorable Discharge Certificate.

5.  On 8 October 1996, she acknowledged notification of the proposed separation action.  On 15 October 1996, she was advised by legal counsel of the basis for the contemplated separation action and of the procedures and rights that were available to her.  She waived consideration of her case by an administrative separation board and elected not to submit a statement in her own behalf.

6.  On 23 October 1996, her senior commander recommended approval of the separation action with the issuance of an Honorable Discharge Certificate.

7.  The separation authority subsequently approved her separation action under the provisions of Army Regulation 635-200, paragraph 5-8 and directed the issuance of an Honorable Discharge Certificate.


8.  On 16 December 1996, she was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete her remaining service obligation.  The DD Form 214 she was issued shows in:

* item 26 the entry "LDG"
* item 27 the entry "3"

9.  The applicant provides two statements, dated 29 October 2012, wherein her mother and a clerk with the Florida Department of Children & Families stated the applicant did not have any dependent children living with her.

10.  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.

11.  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 LDG 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 LDG.

12.  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 (emphasis added).


13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was counseled on the requirement to provide a family care plan and she stated she could not comply with the requirement.  Accordingly, her commander initiated separation action against her.

2.  She was separated on 16 December 1996 under the provisions of Army Regulation 635-200, paragraph 5-8 for parenthood with an SPD code of LDG.  This is the proper SPD Code used when a Soldier is separated for parenthood.  Based on her separation under this provision, she 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.

3.  The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  There are no provisions to change entries on the DD Form 214 when circumstances have changed after the release from active duty.

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

5.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to change her RE code, this does not mean that she is permanently disqualified from reentering military service.

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 are responsible for processing RE code waivers.


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)                                         AR20130004518



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ABCMR Record of Proceedings (cont)                                         AR20130004518



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