RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050002836


      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. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy       |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 to a 1 or
a 2.

2.  The applicant states that, even though she was pregnant, she was able
to pass the assessment physical test at the reception station.  Therefore,
she did not fail to meet physical standards.

3.  The applicant provides her DD Form 214 (Certificate of Release or
Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 29 January 2004.  On
         6 February 2004, she was given a profile for being about 4 weeks
pregnant.  Action was initiated to separate her under the provisions of
Army Regulation  635-200, paragraph 5-11 for failure to meet procurement
medical fitness standards.  The action was approved and on 20 February 2004
she was discharged for failure to meet procurement medical fitness
standards and given an RE code of 3.

2.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 5-11 sets the policy and
prescribes procedures for separating members who were not medically
qualified under procurement medical fitness standards when accepted for
enlistment or who became medically disqualified under these standards prior
to entry on active duty.  Medical proceedings, regardless of the date
completed, must establish that a medical condition was identified by
appropriate military medical authority within    6 months of the Soldier’s
initial entrance on active duty that would have permanently or temporarily
disqualified him or her for entry into the military service or entry on
active duty had it been detected at that time.  The condition must not
disqualify him or her for retention under the provisions of Army Regulation
40-501, chapter 3.

3.  Army Regulation 40-501 governs medical fitness standards for
procurement, retention, and separation.  Chapter 2 (Physical Standards for
Enlistment, Appointment, and Induction), paragraph 2-14j states pregnancy
is a cause for rejection.  Pregnancy is not listed in chapter 3 (Medical
Fitness Standards for Retention and Separation including Retirement) as a
condition which could render a Soldier unfit for further military service.

4.  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 (RA) and the U.S. Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
codes, including RA RE codes.

5.  RE code 3 applies to persons not qualified for continued Army service,
but the disqualification is waivable.

6.  Recruiting personnel have the responsibility for initially determining
whether an individual meets current enlistment criteria.  They are required
to process a request for waiver under the provisions of chapter 4, Army
Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she passed a physical test is noted;
however, the medical condition of being pregnant is a cause for being
rejected for enlistment or procurement.  At some point soon after she was
diagnosed as being pregnant, the applicant would not have been able to
continue training.

2.  The applicant was properly given an RE code of 3, meaning she had a
waivable enlistment disqualification.  She may apply to recruiting
officials for a waiver of that disqualification due to the now-evidently
nonexistent medical condition.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __teo___  __cak___  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.




                                  __James E. Anderholm_
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002836                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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