2. The applicant requests correction of her military records to show that she was assigned a reentry eligibility (RE) code of RE-2 instead of RE-3.
3. On 14 July 1993, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program for 8 years. On 3 September 1993, she enlisted in the Regular Army, in pay grade E-1, for 4 years for training in military occupational specialty (MOS) 98XL (Electronic Warfare/Signal Intelligence (Linguist)). She completed basic training and was assigned to the Defense Language Institute Foreign Language Center (DLIFLC), Presidio of Monterey (PMRY), California (CA), for training in Basic Arabic/Syrian. She was advanced to pay grade E-2 effective 23 March 1994.
4. On 10 August 1994, she submitted a request for separation for pregnancy under Army Regulation 635-200, chapter 8, and requested to remain on active duty until 31 August 1994. On 18 August 1994, her separation was approved.
5. Orders 159-3, dated 18 August 1994, reassigned the applicant to the USA Transition Point, Fort Ord, CA, for transition processing for release from active duty and transfer to the USAR Control Group (Annual), USAR Personnel Center (ARPERCEN), effective 6 September 1994.
6. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that she was honorably released from active duty on 6 September 1994, in pay grade E-2, under Army Regulation 635-200, chapter 8 (pregnancy); that she was transferred to the USAR Control Group (Annual), ARPERCEN; that she had not been awarded an MOS; that she had completed 1 year and 4 days active military service; and that she was assigned a reentry code of RE-3.
7. On 17 September 1995, the applicant was advised by the authorities at the DLIFLC, PMRY, that her military personnel record was returned to them with a copy of a Department of the Army message, dated 7 February 1991, which stated that
soldiers who did not hold an MOS were not to be considered as mobilization assets and would not be transferred to the Individual Ready Reserve (IRR); that soldiers currently assigned in the IRR who did not possess an MOS would be notified of the change and given an opportunity to request training leading to the award of an MOS; that soldiers not responding to the notification within 45 days would be discharged; and that, if they did not hear from her within 50 days, they would request the authorities at ARPERCEN to correct her DD Form 214 to read NA in Item 9 (Command to Which Transferred) and Discharge in Item 23 (Type of Separation).
8. Orders 319-4, dated 15 November 1995, rescinded so much of the unexecuted portion of Orders 159-3, dated 18 August 1994, pertaining to the transition order for the applicant.
9. Orders 319-5, dated 15 November 1995, reassigned the applicant to the Transition Center, PMRY, for discharge effective 6 September 1994.
10. On 16 November 1995, the DLIFLC, PMRY, sent a request to the Commander, ARPERCEN, requesting that action be taken to correct the applicants DD Form 214 to show that she was discharged on 6 September 1994 since they had not heard from her since their letter of 17 September 1995. (Note: There is no evidence in the available records that this action has been completed.)
11. A staff member of the Board was informally advised by the authorities at the U.S. Total Army Personnel Command that, based on her reason for separation, the applicant should have been assigned a reentry code of RE-2.
12. Army Regulation 601-210, at table 3-6, then in effect, provided that persons separated for pregnancy under any chapter of Army Regulation 635-200 were fully qualified for enlistment and would be assigned a reentry code of RE-2.
CONCLUSIONS:
1. The applicants DD Form 214 was erroneously annotated with the reentry code of RE-3 and erroneously showed that she was released from active duty and transferred to the USAR Control Group (Annual), ARPERCEN.
2. Based on the evidence of record, she should have been assigned a reentry code of RE-2, and she should have been discharged on 6 September 1994 instead of being transferred to the USAR Control Group (Annual), ARPERCEN.
3. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was discharged on 6 September 1994, with a reentry code of RE-2.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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