IN THE CASE OF:  	Ms. 

      BOARD DATE:  	15 January 2014

      CASE NUMBER:  	AR20130011046
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change to her reentry code from an RE-3 to RE-1.

2.  The applicant states, in effect, she was separated in 2009 due to her not having legal guardians for her daughter when she received orders to deploy to Iraq.  She contends her spouse was a United States Marine Corps Reservist and she could not use him as a guardian during her deployment.  As of today, her daughter is under the care of her parents, and if she is allowed to rejoin the military, they will be on her family care plan and she would no longer have an issue of finding fit guardians to care for her daughter.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			11 June 2013
b. Discharge Received:			Honorable
c. Date of Discharge:				24 May 2009
d. Reason/Authority/SPD/RE Code:		Parenthood, AR 635-200, Chapter 5-8, JDG 
RE-3
e. Unit of assignment:				699th Maintenance Company, Corps Support
Battalion, Fort Irwin, CA
f. Current Enlistment Date/Term:		3 August 2006/3 years, 24 weeks
g. Current Enlistment Service:		2 years, 9 months, 22 days
h. Total Service:				2 years, 9 months, 22 days
i. Time Lost:					1 day (090126-090127)
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		45B10, Small Arms/Artillery Repairer
m. GT Score:					92
n. Education:					GED
o. Overseas Service:				Korea
p. Combat Service:				No
q. Decorations/Awards:			NDSM, GWOTSM, KDSM, ASR, OSR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			No
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 3 August 2006 for a period of 3 years and 24 weeks.  She was 19 years old at the time of entry and had a General Equivalency Diploma (GED).  She served in Korea.  Her record is void of any significant acts of valor or achievement.  She completed 2 years, 9 months, and 22 days of active duty service.  When discharge proceedings were initiated, she was serving at Fort Irwin, California. 

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 25 March 2009, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 5-8 parenthood. Specifically, on 
27 January 2009, she was counseled regarding the requirements to maintain a family care plan as a Soldier categorized as half of a dual-military couple who had joint or full legal custody of one or more Family members under the age of 18, or who had adult Family members incapable of self-care regardless of age.  She was allowed 30 days to provide an adequate family care plan.  As of 16 March 2009, more than 30 days since being counseled, she failed to provide an adequate family care plan.

2.  Based on the above, the commander recommended an honorable conditions discharge.

3.  On 31 March 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge.  

4.  On 1 April 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service as honorable.  

5.  The applicant was separated on 24 May 2009, under Army Regulation 635-200, Chapter 5-8, with an honorable discharge, an SPD code of JDG, and an RE code of 3.

6.  The applicant’s record shows she was absent from leave from 090126-090127.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 12 February 2009, on or about 26 January 2009, without authority; absent herself from her unit, and did remain so until on or about 27 January 2009.  Her punishment consisted of reduction to the grade of E-1, forfeiture of $327 pay, extra duty and restriction to the limits of Fort Irwin for 14 days (CG).

2.  Two counseling statements dated between 27 January 2009 and 26 February 2009, family care plan counseling.
      
3.  DA Form 5304-R (Family Care Plan Counseling Checklist), dated 27 January 2009.

4.  DA Form 5305-R (Family Care Plan), undated with the applicant’s initials showing she was counseled on 27 January 2009 and she fully understood the policy on family care plan responsibilities.


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293 and a DD 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of her application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-8 provides that a Soldier may be separated 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, late for work, inability to participate in field training exercises or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army.  

2.  Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, general under honorable conditions or an uncharacterized description of service if in entry-level status.  

3.  No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified, using the notification procedure, of the specific factors in his/her service record that warrant such a characterization.

4.  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 identifies the SPD code of "JDG” is the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-8 Parenthood.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JDG" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, her available military records, the documents and the issues submitted with the application, there are insufficient mitigating factors that would merit an upgrade of the applicant's discharge.  

2.  The applicant was discharged for her inability to perform prescribed duties due to parenthood under the provisions of Chapter 5, AR 635-200.  This involuntary separation was appropriate since the command determined the applicant’s parental obligations interfered with the fulfillment of military responsibilities and she was properly informed as to the specific factors in her service record that would warrant such a characterization. 

3.  The record confirms that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant contends she would like to rejoin the military and needs her reentry code changed from RE-3 to RE-1.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There is no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

6.  Therefore, the reason for discharge and characterization of service being both proper and equitable, recommend the Board deny relief.  
























SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  15 January 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	NA
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		No Change
Grade Restoration to:		NA
Other:					NA




















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130011046



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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