IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080011414
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the reenlistment (RE) code and separation code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.
2. The applicant states that these codes prevent her from joining the U.S. Army Reserve. She also points out that her youngest child is now 19 years of age.
3. The applicant provides a copy of her DD Form 214 and two birth certificates (her sons).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior service, the applicant enlisted on 9 January 1984. Her DD Form 214 shows that she served as a wire systems installer and was released from active duty on 1 May 1989 under the provisions of Army Regulation 635-200 for pregnancy. A DD Form 215 (Correction to DD Form 214), dated 3 August 1989, amended item 23 (Type of Separation) on the applicants DD Form 214 to show the entry, Discharge.
3. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200. Item 26 (Separation Code) on her DD Form 214 shows the entry, "KDF." Item 27 (Reenlistment Code) on her DD Form 214 shows the entry, "RE-3." Item 28 (Narrative Reason for Separation) on her DD Form 214 shows the entry, "PREGNANCY.
4. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation, in effect at the time, stated the reason for discharge based on separation code KDF is Pregnancy and the regulatory authority is Army Regulation 635-200, chapter 8.
5. 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 processing into the Regular Army 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.
6. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
7. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
8. There is no Separation Program Designator Code/Reentry Code Cross Reference Table available for the time in question. However, the current Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD [Separation Program Designator] of "KDF will be given an RE code of 3.
9. 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 was given an RE code of 3. Since the current governing regulation shows that Soldiers given an SPD of KDF will be given an RE code of 3, it is reasonable to presume that the applicants RE code is correct.
2. The applicants separation code was administratively correct and in conformance with applicable regulations at the time of her separation.
3. The applicant may apply for a waiver to enlist; however, this Board will not arbitrarily substitute its judgment for that of the appropriate recruiting officials.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___XX_____ ___XX_____ _____XX___ 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.
______XXXX_ _ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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