MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          09 SEPTEMBER 2003                   
	DOCKET NUMBER:  AR2003084852

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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:  That her Reenlistment Eligibility (RE) Code be corrected from RE-3 to RE-1.

APPLICANT STATES:  At the time of her discharge she was a single parent with a child and was unable to provide a family care plan.  She states that she has subsequently married and wishes to return to active duty, but her current RE code precludes her reenlistment.  The applicant states, in effect, that her family has lengthy ties to the military and maintains that military service is for “those who from the heart belong and wish to be.”  In support of her request she submits a copy of her marriage license.  

A Department of Defense Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) was accepted in lieu of a Department of Defense Form 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. [United States] Code, Section 1552).

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

She entered active duty on 18 September 1998.  Her enlistment documents indicate that she was single at the time of her enlistment and that she had no dependents.  

On 14 August 2000 she gave birth to her son and on 2 October 2000 she reenlisted for a period of 5 years.  In May 2001 she was assigned to a medical company in Germany.  

On 20 August 2001 the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-8.  The narrative reason for her separation is recorded as “parenthood” and she received an RE Code of 3.  Documents associated with the applicant’s administrative separation action were not in records available to the Board.

On 4 October 2001 the applicant was married in a civil ceremony in Hinesville, Georgia.

Army Regulation 635-200, paragraph 5-8 provides for the involuntary separation of soldiers when their parental obligations interfere with fulfillment of their military responsibilities.  It notes that separation processing may not be initiated until the soldier has been adequately counseled.  

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 United States Army Reserve.  Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment.  That chapter included a list of armed forces RE codes, including RA RE codes.  RE-3 applies to those individuals who were not considered fully qualified for reenlistment or continuous service at the time of separation, including individuals involuntarily discharged as a result of parenthood.  

Army Regulation 601-210 also states that RE codes may be changed only if they are determined to be administratively incorrect.  Individuals who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized.  It specifically notes that no requirement to change an RE code exists to qualify for enlistment.  Only when there is evidence to support an incorrect RE code or when there is an administrative error will a request for correction be initiated.  The RE-3 code is waivable.  Army Regulation 601-210 states that soldiers separated from their last period of military service as a result of parenthood may submit a request for a waiver to reenlist at any time after separation.  However, waivers are dependent on the needs of the service in which an individual seeks to enlist.

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 was involuntarily separated from active duty as a result of parenthood and as such received an RE-3.  The RE code was proper, based on the reason for her separation.  While the Board sympathizes with the applicant's contention that she may not be able to return to an active status because of her RE code, that does not, in and of itself, serve as a basis to change her correctly assigned RE code.

2.  The applicant is advised to contact her local Armed Force Recruiting Office to pursue a waiver request for the purpose of returning to military service.

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 that 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

__SLP __  __WTM__  __TAP __  DENY APPLICATION

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

INDEX

CASE ID	AR2003084852	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030909	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.