RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 March 2007 DOCKET NUMBER: AR20060011014 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. Gerard W. Schwartz Acting Director Ms. Stephanie Thompkins Analyst The following members, a quorum, were present: Mr. William D. Powers Chairperson Mr. Paul M. Smith Member Mr. Jerome L. Pionk Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that her reentry (RE) Code be changed from RE-3 to RE-1. 2. The applicant states that she believes her record to be in error because she received a honorable discharge and was never disciplined while in the military. 3. The applicant provides a copy of her DD Form 214 Worksheet in support of her application. CONSIDERATION OF EVIDENCE: 1. The applicant's military records show she enlisted in the Regular Army, in pay grade E-2, on 5 October 2004, for 4 years. She was promoted to pay grade E-3 on 5 October 2004. 2. On 6 January 2005, the applicant submitted a statement requesting separation from the Army because she no longer had a suitable caregiver for her daughter. 3. On 10 January 2005, the applicant was counseled regarding the need to implement a Family Care Plan and separation from the Army procedures should she fail to initiate a Family Care Plan. 4. On an unknown date, the applicant’s commander notified her that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, chapter 5, Paragraph 5-8, for inability to perform duties due to parenthood. The commander cited as the basis for his recommendation, the applicant’s failure to provide an adequate Family Care Plan. He recommended the applicant receive an Entry Level Discharge. 5. On an unknown date, the applicant waived her right to legal counsel and acknowledged the proposed separation under the provisions of Army Regulation 600-200, Chapter 5, Paragraph 5-8. She elected not to submit a statement in her own behalf. In doing so, she acknowledged that she might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Department of Veterans Affairs if a general discharge under honorable conditions was issued. She also acknowledged that she would be ineligible to apply for enlistment in the US Army for a period of 2 years after her discharge. 6. On an unknown date, the separation authority approved the applicant’s involuntary separation due to parenthood and directed she received a honorable discharge and not be transferred to the Individual Ready Reserve. 7. The applicant was discharged, in pay grade E-3, on 11 February 2005. She was credited with 4 months and 7 days total service and had not completed the first full term of service. 8. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Chapter 5, Paragraph 5-8, of this regulation provides that a Soldier will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities. Separation processing may not be initiated under this paragraph until the Soldier has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them. 9. 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 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 reentry codes, including Regular Army RE codes. 10. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable for reenlistment after a 2-year period has elapsed since discharge. 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 9, 10, 13, 14, and 16 of Army Regulation 635-200. 11. RE-1 applies to persons completing their term of service (expiration of term of service (ETS)) who are considered qualified to reenter the Army. DISCUSSION AND CONCLUSIONS: 1. In view of the circumstances, the applicant's RE Code of "3" is consistent with the basis for her separation and in this case finds no basis to change the existing code. 2. The applicant has failed to show, through the evidence submitted with her application or the evidence of record, that her separation which resulted in receiving an RE Code of RE "3" was in error or unjust.  3. The applicant should be aware that she is eligible to contact enlistment officials and apply for a waiver for reenlistment after a 2-year period has elapsed since discharge. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____JP__ ___WDP_ ___PMS_ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____William D. Powers_____ CHAIRPERSON INDEX CASE ID AR20060011014 SUFFIX RECON DATE BOARDED 20070313 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 100.03 2. 3. 4. 5. 6.