| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That her reentry eligibility (RE) code be changed from RE-2 to RE-1.
APPLICANT STATES: That she wants her RE code changed because it would look better on her record.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army on 19 September 1989 for a period of 3 years, was awarded military occupational specialty (88M) Motor Transport Operator, and achieved the grade of E-3.
On 2 October 1990, the applicant requested release from active duty due to pregnancy under the provisions of chapter 8, Army Regulation (AR) 635-200. She requested a separation date of 31 October 1990.
The appropriate authority approved the applicant’s request with an honorable characterization of service. Accordingly, on 16 November 1990, the applicant was released from active duty and transferred to the Individual Ready Reserve after completing 1 year, 1 month, and 28 days of creditable military service. Her DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the narrative reason for separation as pregnancy, with a separation code of MDF, and a RE code of RE-2.
AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 8 of that regulation establishes policy and procedures, and provides authority for the voluntary separation of enlisted women because of pregnancy. Separation for pregnancy is a voluntary separation. The regulation dictates that all pregnant soldiers be counseled that they may choose to remain in the service or separate.
AR 635-5-1 provides, in pertinent part, that soldiers separated in accordance with AR 635-200, chapter 8 will be assigned the separation program designator (SPD) of MDF.
AR 635-1 cross reference table provides, in pertinent part, that soldiers separated with SPD MDF will be assigned RE-2.
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. AR 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, then in effect, prescribes basic eligibility for prior service applicants for enlistment. RE Codes are assigned at the time of separation to determine the individual reentry eligibility. RE-2 applies to persons separated before completing a contracted period of service whose reenlistment is not contemplated. They are fully qualified for enlistment.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize her rights.
2. The Board carefully reviewed the applicant’s records and determined that her RE code of RE-2 is the appropriate code for her narrative reason for discharge. RE-1 can only be assigned to soldiers who complete their initial term of active service, which she did not. RE-2 indicates those soldiers separated for pregnancy, which she was. However, RE codes should not to be considered derogatory in nature, but are used to identify processing procedures for reentry.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___jns___ ____rtd__ ____dph_ DENY APPLICATION
| CASE ID | AR2001056161 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1.100.03 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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