IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20160011995 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: 24 January 2017 DOCKET NUMBER: AR20160011995 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: 24 January 2017 DOCKET NUMBER: AR20160011995 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 his Reentry (RE) Code be changed. 2. The applicant states he is divorced and is no longer the custodial parent of his children. Based on the fact that his hardship no longer exists, his RE code should be changed. 3. The applicant provides a Separation and Property Settlement Agreement. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 8 June 2004. 3. On 5 March 2008, he was counseled on items required for a Family Care Plan and given 30 days to complete a valid Family Care Plan. 4. On 25 April 2008, he was notified by his immediate commander that separation action was being initiated to separate him involuntarily due to parenthood under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8. The reason for the proposed action was: On 5 March 2008, the applicant was counseled about the requirement to provide a valid family care plan within 30 days of the counseling. He had been unable to provide an adequate and working family care plan during that timeframe. Due to his inability to do so, the commander concluded he was not available for worldwide assignment or deployment according to the needs of the Army. The commander recommended the issuance of an Honorable Discharge Certificate. The commander advised the applicant of his 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 5. On 25 April 2008, he acknowledged receipt of the notification of administrative separation in accordance with AR 635-200, chapter 5-8 for Involuntary Separation Due to Parenthood. 6. After having consulted with counsel, he submitted a statement acknowledging that he had been advised by counsel of the basis for the contemplated separation action against her under the provisions of paragraph 5-8 of Army Regulation 635-200. He waived consideration of his case by an administrative separation board and elected not to submit a statement in his own behalf. 7. On 30 April 2008, an authorized official approved his separation under the provisions of Army Regulation 635-200, paragraph 5-8 and directed the issuance of an Honorable Discharge Certificate. 8. He was discharged on 16 May 2008, and his service was characterized as honorable. His DD Form 214 contains the following entries. * Item 25 (Separation Authority) – "AR 635-200, paragraph 5-8" * Item 26 (Separation Code) – "JDG" * Item 27 (Reentry Code) – "3" * Item 28 (Narrative Reason for Separation) – "Parenthood" REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), effective 7 June 2007, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table 3-1 showed the RE codes and shows: a. RE code 1 applies to Soldiers completing their term of active service who were considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met. b. 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. 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 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. Army Regulation 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 at the time. He was counseled on the requirement to provide a Family Care Plan and he failed to comply with the requirement. The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case. The records contain no indication of procedural or other errors that would have jeopardized his rights. 2. He was separated on 16 May 2008 under the provisions of AR 635-200, paragraph 5-8 for parenthood with an SPD code of "JDG" and an RE code "3." The SPD code "JDG" is used when a Soldier is separated for parenthood and based on separation under this provision RE code of "3" was appropriately assigned at the time of discharge. 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011995 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011995 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2