AR20160007758

1. Applicants Name:

a. Application Date: 18 April 2016

b. Date Received: 25 April 2016

c. Counsel: None

2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change of his narrative reason for discharge and to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, he would like a change of his narrative reason for the purpose of being able to reenlist on active duty. He contends he is presently serving in the Air Force Reserve with the 459 ASTS Joint Base Andrews and has been in the Air Force Reserves since November of 2007. He contends although his narrative reason for discharge is “Parenthood” he believes it should have been “Parenthood Involuntary.” At the time of discharge his daughter was 6 years and 11 months; his daughters mother and also his wife at the time was serving on Active Duty at Fort Bliss, in El Paso TX. They now have been divorced since 2012 and his daughter is 18 years old and about to attend college. He contends at the time of discharge he was not able to find a long term guardian for their daughter. The only individuals that were available to serve as long term guardians were his brother who was also serving on Active Duty and his wifes parents. His wife’s parents were willing to serve as long term guardians but they thought that would not be good for their daughter because his wife’s father had been abusive to the applicants wife, his wife’s younger sister and to their mother who both had been hospitalized for mental instability and stress. Therefore he had no one to watch his daughter that could be counted on. Since his discharge he has visited many Air Force and Army recruiting stations but they were not accepting prior service personnel. About two years ago he had started the paperwork to go back on active duty with the US Air Force to serve as a Pararescue Jumper. His commander at the 459th ASTS had signed the conditional release form. However, just prior to his test dated he was informed he could not proceed because for his reentry code of 3. He contends he is now single, his daughter is 18 years old, and he has been serving honorably as an outstanding member of the 459th ASTS from November 2007 to the present time.

In a records review conducted at Arlington, VA on 7 November 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable.

(Board member names available upon request)

3. DISCHARGE DETAILS:

a. Reason / Authority / Codes / Characterization: Parenthood / AR 635-200, Paragraph 5-8 / JDG / RE-3 / Honorable

b. Date of Discharge: 23 July 2004

c. Separation Facts:

(1) Date of Notification of Intent to Separate: 8 July 2004

(2) Basis for Separation: The applicant was informed of the following reason: failed to provide his unit with a family care plan despite being given ample time to do so.

(3) Recommended Characterization: Honorable

(4) Legal Consultation Date: 9 July 2004

(5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board.

(6) Separation Decision Date / Characterization: 14 July 2004 / Honorable

4. SERVICE DETAILS:

a. Date / Period of Enlistment: 27 April 1999 / 4 years (The enlistment was extended 34 months on 13 November 2002, giving the applicant a new ETS date of 26 February 2006)

b. Age at Enlistment / Education / GT Score: 20 / GED / 107

c. Highest Grade Achieved / MOS / Total Service: E-5 / 92A20, Automated Logistical Specialist / 5 years, 2 months, 27 days

d. Prior Service / Characterizations: None

e. Overseas Service / Combat Service: Korea / None

f. Awards and Decorations: AAM-3, AGCM, NDSM, GWOTSM, KDSM, NOPDR, ASR, OSR

g. Performance Ratings: April 2003 thru March 2004, Fully Capable

h. Disciplinary Action(s) / Evidentiary Record: Development Counseling Forms for failing to maintain a family care plan and having an incomplete family care plan

i. Lost Time / Mode of Return: NA

j. Diagnosed PTSD / TBI / Behavioral Health: None

5. APPLICANT-PROVIDED EVIDENCE: Online application and DD Form 214.

6. POST SERVICE ACCOMPLISHMENTS: The applicant states since his discharge he has enlisted in the Air Force Reserves (November of 2007).

7. REGULATORY CITATION(S): Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-8 provides that a Soldier may be separated when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army.

Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, general under honorable conditions or an uncharacterized description of service if in entry-level status.

No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified, using the notification procedure, of the specific factors in his/her service record that warrant such a characterization.

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 identifies the SPD code of “JDG” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-8, and parenthood.

The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JDG” will be assigned an RE Code of 3.

8. DISCUSSION OF FACT(S): The applicant requests a change of his narrative reason for discharge and to his reentry eligibility (RE) code. The applicants record of service, the issues and documents submitted with his application were carefully reviewed.

Evidence in the record shows the applicant was discharged for his inability to provide his unit with a family care plan despite being given ample time to do so. The applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-8 by reason of parenthood, with a characterization of service of honorable.

The narrative reason for discharge specified by Army Regulations for a discharge under this paragraph is “Parenthood,” and the separation code is “JDG.” Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation.

The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist on active duty. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Military at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

The record confirms that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process.

9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

a. The applicant submitted no additional documents or contentions.

b. Witness(es) / Observer(s): None

10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on
7 November 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable.

11. BOARD ACTION DIRECTED:

a. Issue a New DD-214: No

b. Change Characterization to: No Change

c. Change Reason to: No Change

d. Change SPD / RE Code to: No Change

e. Restore (Restoration of) Grade to: NA

AUTHENTICATING OFFICIAL:

COL, US ARMY
Presiding Officer
Army Discharge Review Board

Legend:
AWOL – Absent Without Leave GD – General Discharge NCO Noncommissioned Officer SCM – Summary Court Martial
BCD – Bad Conduct Discharge HS – High School NIF – Not in File SPCM – Special Court Martial
BH Behavioral Health HD – Honorable Discharge NOS Not Otherwise Specified SPD – Separation Program Designator
CG – Company Grade Article 15 IADT – Initial Active Duty Training OAD – Ordered to Active Duty TBI Traumatic Brain Injury
CID – Criminal Investigation Division MP Military Police OMPF – Official Military Personnel File UNC – Uncharacterized Discharge
ELS Entry Level Status MST Military Sexual Trauma PTSD Post-Traumatic Stress Disorder UOTHC – Under Other Than Honorable Conditions
FG – Field Grade Article 15 NA – Not applicable RE – Reentry VA Veterans Affairs

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE
AR20160007758

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