IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20160009599 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20160009599 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20160009599 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 correction to her reentry eligibility (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 4 September 2013. 2. The applicant states she was involuntary separated in 2013 due to parenthood. Through research she has learned her RE code is 3, yet she is currently serving in the U. S. Army Reserve (USAR). She believes the RE code is incorrect. She was separated because she could not provide a family care plan. She did not carry to full term and now there is no need for a family care plan as she is no longer carrying a child or a mother. 3. The applicant provides: * separation documents * DD Form 214 CONSIDERATION OF EVIDENCE: 1. On 16 August 2006, the applicant enlisted in the Regular Army. On 22 March 2012, she immediately reenlisted. 2. On 11 July 2013, the applicant was counseled on items required for a valid Family Care Plan. She was a pregnant Soldier who had no spouse. As a result, she was required to have an updated and valid Family Care Plan. She was given 30 days to complete a valid Family Care Plan. 3. On 12 July 2013, the applicant notified her commander that due to her unexpected pregnancy she could not provide an adequate Family Care Plan. She would be the sole caretaker of her child and therefore could not submit a Family Care Plan. The applicant waived the 30 days extended to her in order to provide a Family Care Plan. 4. On 12 July 2013, the applicant was formally counseled for her failure to obtain a working Family Care Plan. 5. On 12 July 2013, the applicant was notified by her immediate commander that separation action was being initiated to separate her for Involuntary Separation Due to Parenthood under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8. The reason for the proposed action was her inability to complete a valid Family Care Plan. The commander recommended the issuance of an Honorable Discharge Certificate. The commander advised the applicant of her right to: * consult with counsel and/or civilian counsel at no expense to the Government within a reasonable time period * submit statements in her own behalf * obtain copies of documents that would be sent to the separation authority supporting her proposed separation action * a hearing before an administrative board * waive any of these rights in writing * withdraw any waiver of rights at any time prior to the date the discharge authority orders, directs or approves her separation 6. On 12 July 2013, the applicant acknowledged receipt of the notification of administrative separation in accordance with AR 635-200, chapter 5-8 for Involuntary Separation Due to Parenthood. 7. On 12 July 2013, the applicant acknowledged she was afforded the opportunity to consult with counsel prior to completing her election of rights. She chose to decline the opportunity. 8. On 12 July 2013, she waived consideration of her case by an administrative separation board and elected not to submit a statement in her own behalf. 9. On 12 July 2013, the applicant's commander recommended she be separated from the Army prior to the expiration of her current term of service under the provisions of paragraph 5-8 of AR 635-200 for Involuntary Separation Due to Parenthood. On 11 July 2013, the commander conducted the Family Care Plan counseling with the applicant. On 12 July 2013, she notified the commander that she was unable to complete a valid Family Care Plan. 10. On 15 July 2013, the separation authority approved her separation action under the provisions of Army Regulation 635-200, paragraph 5-8 and directed the issuance of an Honorable Discharge Certificate. 11. On 4 September 2013, the applicant was discharged by reason of parenthood. She completed 7 years and 19 days of active service that was characterized as honorable. Her DD Form 214 shows she was assigned a separation program designator (SPD) code of "JDG" and assigned an RE code of 3. She was immediately transferred to a troop program unit in the USAR in accordance with her amended separation order. REFERENCES: 1. AR 601-210 (Active and Reserve Components Enlistment Program covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the USAR. Table 3-1 shows the RE codes and shows that RE code 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. 2. AR 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 states that the SPD code of JDG is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-8, by reason of parenthood. The SPD/RE Code Cross Reference Table stipulates that an RE code of 3 will be assigned to members separated under these provisions with an SPD code of JDG. 3. AR 600-200 (Army Command Policy) provides in chapter 5 (Other responsibilities of command) additional responsibilities concerning certain Soldier activities and practices whose regulation is inherent aspects of command. Violation of this chapter will provide a basis for disciplinary action under the Uniform Code of Military Justice for those subject to its provisions. Paragraph 5-5 (Family care plans) states commanders of active Army and Reserve Component Soldiers, regardless of the Soldier’s grade, will conduct or arrange for family care plan counseling and require completion of a Family Care Plan for pregnant Soldiers who have no spouse; is divorced, widowed or separated; or is residing without her spouse. 4. AR 635-200, in effect at the time, set forth the basic policy for the separation of enlisted personnel. Paragraph 5-8 stated that Soldiers were considered for involuntary separation when parental obligations interfered with fulfillment of military responsibilities. Separation processing was not initiated until the Soldier was adequately counseled concerning deficiencies and afforded the opportunity to overcome them. Specific reasons for separation because of parenthood included: * inability to perform prescribed duties satisfactorily * repeated absenteeism * inability to participate in field training exercises * non-availability for worldwide assignment or deployment according to the needs of the Army DISCUSSION: 1. The applicant was properly and equitably discharged in accordance with regulations in effect. The records contain no indication of procedural or other errors that would tend to jeopardize her rights. The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case. 2. She was separated on 4 September 2013, under the provisions of AR 635-200, paragraph 5-8 for parenthood with an SPD code of JDG and an RE code 3. This is the correct SPD Code used when a Soldier was separated for parenthood. Based on her separation under this provision, she was appropriately assigned an RE code of 3 at the time of discharge. An RE code of 3 is the correct code for Soldiers separated by reason of parenthood (failure to comply with Family Care Plan regulatory guidance upon a pregnancy determination when single). 3. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. There are no provisions to change entries on the DD Form 214 when circumstances have changed after the release from active duty. 4. The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however it does allow for a waiver of disqualification as evidenced by her current status in the USAR. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009599 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009599 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2