PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  2 February 2000
	DOCKET NUMBER:   AR1999027458

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Lester Echols		Member	
	Mr. James E. Anderholm		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her reenlistment (RE) code be changed to other than RE-4.

3.  The applicant states that her RE-4 was issued in error and is unjust.

4.  The applicant’s military records show that she enlisted and entered active duty on 20 March 1984 for training as a food service specialist.  Her 3 February 1984 physical examination for the purpose of enlistment states that she had previously delivered a normal baby and was currently pregnant.  On her 1 March 1984 enlistment document she lists that she has no spouse and no children.  On 29 November 1984 she was separated and transferred to the USAR for pregnancy.  Her RE code was shown an RE-3 and 3C.

5.  She reenlisted for active duty on 22 October 1986.  On her enlistment documents she lists no spouse and two children, one born in November 1980 and one born in May 1985.  She continued on active duty and sometime prior to March 1988 she was married.  She was promoted to grade E-5 effective 1 September 1990.

6.  In December 1992 she was counseled for not having an adequate care plan for her dependent children.  She stated that her former husband had left the area and there was no one to care for her children if she was deployed.  On 6 January 1993 she acknowledged her commander’s intent to initiate separation based on her nonavailability.

7.  In an undated memorandum the commander recommended she be separated with an honorable discharge for failure to maintain an adequate family care plan.  In an undated response the applicant waived her right to submit statements in her behalf and conditionally waived appearance with counsel before an administrative separation board if she received an honorable discharge.

8.  In an undated memorandum the separation authority approved separation with an honorable discharge without transfer to the USAR.  Effective 9 February 1993 she was separated under authority of Army Regulation 635-200, paragraph 5-8.  Her DD Form 214 (report of separation) shows her character of service as honorable and her RE code as 4.

9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-8 of this regulation provided for the involuntary separation of soldiers who, for reasons of parenthood, are unable to fulfill their military responsibilities.

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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.

11.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, and 14 of Army Regulation 635-200.

12.  RE-4 applies to persons separated from the last period of service with a nonwaivable disqualification such as a DA bar to reenlistment.

CONCLUSIONS:

1.  Considering all the facts in this case it appears that the applicant's DD Form 214 was erroneously annotated with an RE code of RE-4.

2.  The applicant was separated for parenthood which is not a permanent bar to reenlistment and is properly coded for reenlistment in accordance with regulations as an RE-3.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by changing the RE code of the individual concerned to RE-3 for the period of service ending on 9 February 1993.

BOARD VOTE:  

__CF___  ___LE___  __JA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Calvin M. Fowler_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999027458	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.10	
2.		
3.		
4.		
5.		
6.