BOARD DATE: February 4, 2010
DOCKET NUMBER: AR20090014582
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 her Reentry (RE) Code be changed on her
DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that she desires her RE Code be changed from a 3 to a 1 so that she can re-enter the active Army. She goes on to state that her DD Form 214 reflects that she was discharged for pregnancy; however, she is no longer pregnant.
3. The applicant provides a copy of her DD Form 214 and a document from her physician showing that she is no longer pregnant.
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. The applicant enlisted in the Regular Army on 23 July 2003 for a period of 4 years and training as a human resources specialist. She completed her one-station unit training at Fort Jackson, South Carolina and was transferred to Korea. She was advanced to the pay grade of E-4 on 1 April 2005.
3. On 21 June 2005, the applicant submitted a voluntary request to be discharged due to pregnancy. The appropriate authority approved her request on 28 June 2005.
4. Accordingly, she was honorably discharged on 16 July 2005, under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy. She had served 1 year, 11 months, and 24 days of total active service and was issued a separation code of MDF and an RE Code of 3.
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 USAR. 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 not qualified for continued Army service, but the disqualification is waivable. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
1. 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 that requirement.
2. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
3. The applicant was separated under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy and was properly issued an RE Code of RE-3 in accordance with the applicable regulations.
4. The applicants contentions have been noted. However, the DD Form 214 reflects information that is in effect at the time it is issued and there are procedures whereby the applicant can apply to a local recruiter for a waiver of her RE Code if she is in fact physically qualified and the needs of the Army at the time justify her return to service. Accordingly, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x_____ 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.
_______ _ _x______ ___
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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