MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 May 2002
	DOCKET NUMBER:   AR2002069232

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

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that her reentry (RE) code of RE-3 be changed to RE-1.

APPLICANT STATES:  In effect, that the RE code listed in Item 27 (Reentry Code) of her separation document (DD Form 214) is incorrect.  In support of her application, she submits a copy of her DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show:

She served on active duty for 6 years, 8 months, and 22 days, from 28 October 1993 through 19 July 2000.  She was trained and served in military occupational specialty (MOS) 88M (Motor Transport Operator), the highest rank she attained while serving on active duty was sergeant /E-5 (SGT/E-5), and during her active duty tenure, she earned the following awards:  Army Commendation Medal; Army Achievement Medal (3rd Award); Army Good Conduct Medal; National Defense Service Medal; Southwest Asia Service Medal with 3 bronze service stars; Kuwait Liberation Medal (K); and Kuwait Liberation Medal (SA).

The specific facts and circumstances concerning the applicant’s separation are not in the record.  However, there is a properly constituted DD Form 214 on file that was issued to and authenticated by the applicant with her signature on the date of her separation, 19 July 2000.  This document confirms that the authority and reason for the applicant’s discharge was Army Regulation 635-200, paragraph 5-8, and that the narrative reason for her separation was parenthood.  It also verifies that the applicant was assigned a Separation Program Designator (SPD) code of JDG and a RE code of RE-3.

Army Regulation 635-5-1 (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.  The SPD code of JDG was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation 
635-200, paragraph 5-8, by reason of parenthood.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes RE-3 as the proper reentry code to assign to soldiers separated for this reason.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-8, in pertinent part, states that individuals will be considered for involuntary separation when parental obligations interfere with the fulfillment of military responsibilities.  Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, absenteeism, late for work, inability to participate in training exercises or performed special duties such as CQ and Staff Duty NCO, and nonavailability for worldwide assignments or deployment according to the needs of the Army. Separation processing may not be initiated until the individual has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them.  An individual being discharged under this chapter will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in an entry level status.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events surrounding her administrative separation.  However, the evidence of record does include a properly constituted DD Form 214 that was authenticated by the applicant on the date of her separation, and which contains the authority and reason for her separation.  Therefore, the Board presumes government regularity in his separation processing.

2.  Further, the evidence of record confirms that the applicant was properly assigned the SPD code of JDG and the RE-3 code in accordance with applicable regulations, based on the authority and reason for her discharge.  Thus, the Board concludes that the RE-3 code assigned the applicant was and still is appropriate and that there is no evidentiary basis for changing it at this time. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

     SAC          KWL           JTM       DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002069232	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 635-200.  .  .  .  .  	
DISCHARGE REASON	Parenthood	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.