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ARMY | BCMR | CY2001 | 2001061133C070421
Original file (2001061133C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:

       

         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2001061133


         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Antoinette Farley Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Walter T. Morrison Member
Mr. Christopher J. Prosser Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
                  records
         Exhibit B - Military Personnel Records (including
                  advisory opinion, if any)

APPLICANT REQUESTS : In effect reconsideration of her earlier request that her reentry eligibility (RE) code be changed from RE-3 to either RE-1 or RE-2.

APPLICANT STATES : In effect, while serving in the U.S. Army she never received any bad marks (Article 15’s, counseling or misconduct statements against her. The applicant states she was an excellent soldier with an excellent service record and received an Honorable discharge. Therefore, she doesn’t believe she should have an RE-3 code. She submits letters from four noncommissioned officers who support her request.

NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized as noted in the original Memorandum of Correction (MOC) prepared to reflect the Board's previous consideration of the case (AR2000044504) on 13 March 2001.

The applicant’s submissions are new evidence that requires Board consideration.

She submits copies of over 50% of her military record which covers her active and reserve duty. Her former command sergeant major, first sergeant, a master sergeant and a sergeant first class all describe her as an excellent soldier with good work ethics and each welcomes the chance to work with her again. Her Representative in Congress submitted a letter dated 13 August 2001, in her behalf, asking that the Board reconsider the reenlistment code assigned to the applicant. The representative’s staff indicates that they were informed that an RE-3 code applies to pregnancy discharges only when there are concerns about the individual’s behavior or performance.

Army Regulation 15-185 sets forth the policy and procedures for the Army Board for Correction of Military Records. It provides that if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.

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 statements of individuals which all describe the applicant as an excellent
soldier are noted and her behavior or performance is not in question.

2. However, as noted in the original case, soldiers separated for pregnancy are issued an RE code of RE-3.

3. Therefore, the overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__ FNE __ ___ WTM __ CJP __ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records


INDEX

CASE ID AR2001061133
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.



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