BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130005588 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his reentry (RE) code as something other than 3.

2.  The applicant states he got out of the service on 5 September 1997 for a hardship.  He had to take care of his mother since he was the only child and his father was deceased.  He needs medical help from the Department of Veterans Affairs (VA) and due to his RE code of 3 they will not see him at any VA hospital.

3.  The applicant provides his DD Form 214.  

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 28 March 1996 and he held military occupational specialty 13B (Cannon Crewmember).  He was assigned to the 1st Battalion, 10th Field Artillery Regiment, Fort Benning, GA.

3.  On 16 May 1997, he submitted a request for separation from the Army in order to care for his mother.  In his request, he stated his mother had problems standing on her feet and concentrating on things.  He was an only child, his father has passed away 1 and 1/2 years earlier, and he didn't have any relatives who had enough time to provide the care that his mother needed.

4.  On 29 May 1997, his immediate commander recommended approval of the applicant's request for separation under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 6 by reason of hardship.  The commander stated he (the applicant) was an only child and his widowed mother suffered from multiple physical and mental illnesses.  She required constant supervision and financial resources were not available for in-home nursing care.  The applicant commuted the one-way 65-mile trip to Dadeville, AL, about three times weekly to ensure the well-being of his mother.  He further stated the applicant served the unit with distinction, had been of great service to the Army, and was a stalwart Soldier; however, his well-being and that of his mother's was of a greater concern to the command.

5.  On 30 July 1997, his senior commander recommended approval of the applicant's request for separation with the issuance of an Honorable Discharge Certificate and transfer to the Individual Ready Reserve (IRR).

6.  On 31 July 1997, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 6 by reason of hardship with the issuance of an Honorable Discharge Certificate and transfer to the IRR.  

7.  He was honorably released from active duty on 5 September 1997 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 5 months, and 8 days of creditable active service.

8.  The DD Form 214 he was issued confirms he was released from active duty on 5 September 1997 under the provisions of Army Regulation 635-200, paragraph 6-3a by reason of hardship with an honorable characterization of service.  Item 26 (Separation Code) of his DD Form 214 contains the entry "MDB" and item 27 (RE Code) contains the entry "3."


9.  Army Regulation 635-200 provides for the separation of enlisted Soldiers.   Paragraph 6-3a states, in part, that Soldiers on active duty may be discharged or released because of genuine dependency or hardship.  Dependency exists when death or disability of a member of a Soldier’s immediate family causes that member to rely upon the Soldier for principal care or support.  Hardship exists when in circumstances not involving death or disability of a member of the Soldier’s immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. 

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.  In the version of the regulation in effect at the time, it stated that the SPD code of "MDB" was the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, paragraph 6-3a by reason of hardship.  The SPD/RE Code Cross Reference Table stipulated that an RE code of 3 was the corresponding RE code assigned to members separated under these provisions with an SPD code of "MDB."

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 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 honorably released from active duty on 5 September 1997 under the provisions of Army Regulation
635-200, paragraph 5-8 by reason of hardship with an SPD code of "MDB."   Based on his separation under this provision, he was appropriately assigned an RE code of 3 which is properly shown on DD Form 214.  An RE code of 3 is the correct code for Soldiers separated by reason of hardship.  Therefore, he is not entitled to the requested relief.

2.  The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits.  Every case is individually decided based upon its merits when an applicant requests a correction to his military records.



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)                                         AR20130005588





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ABCMR Record of Proceedings (cont)                                         AR20130005588



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