IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100019960 


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 change of her reentry (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Service) from a "3" to a "1."

2.  The applicant states she was voluntarily discharged for pregnancy.  She adds she was physically and mentally healthy when given her termination physical examination and still is healthy.  At the time she was unaware what an RE code "3" meant.  She further states she applied for college and the Reserve Officers' Training Corps (ROTC) so she can become an officer, only to discover that she could not because her RE code needs to be a "1."

3.  The applicant provides a copy of Orders 10-078-00065, issued by Headquarters, 81st Regional Support Command, Fort Jackson, SC, dated
19 March 2010, discharging her from the U.S. Army Reserve (USAR); her
DD Form 214 for the period 28 October 2003 through 10 November 2004; and multiple medical documents.

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 applicant’s 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 applicant’s 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 (RA) on 28 October 2003 in pay grade E-3.  She completed her initial entry training and she was awarded military occupational specialty 42A (human resources specialist).

3.  Her record shows her commander completed the prescribed counseling regarding her service options due to her pregnancy.  She voluntarily requested separation from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 8, for pregnancy.

4.  The separation authority approved her separation from active duty for pregnancy.  Her DD Form 214 shows she was honorably released from active duty on 10 November 2004 by reason of pregnancy and she was transferred to the USAR Control Group (Individual Ready Reserve) to complete her remaining service obligation.  This form shows she completed 1 year and 13 days of active service.  Her DD Form 214 further shows in:

* item 26 (Separation Code) the entry "MDF"
* item 27 (Reentry Code) the entry "3"
* item 28 (Narrative Reason for Separation) the entry "Pregnancy"

5.  Army Regulation 635-200 provides for the separation of enlisted personnel.  Chapter 8 establishes policy and procedures and provides authority for voluntary separation of enlisted women because of pregnancy.  The unit commander will direct an enlisted woman who believes that she is pregnant, or whose physical condition indicates that she might be pregnant, to report for diagnosis by a physician at the servicing military medical treatment facility.  When service medical authorities determine an enlisted woman is pregnant, she will be counseled and assisted as required by chapter 8.  The unit commander will explain that the purpose of the counseling is to provide information concerning options, entitlements, and responsibilities and that the Soldier may remain on active duty or upon request, be separated per this chapter.  

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states, in pertinent part, that the SPD code "MDF" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 8, by reason of pregnancy or childbirth.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of "MDF."

7.  Pertinent Army regulations state 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 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends she was healthy at the time of her separation from active duty, she was released from active duty by reason of pregnancy.  As such, her health at the time of her separation from active duty is not a mitigating factor regarding assignment or change of her RE code.

2.  Her records show she was properly counseled regarding her service options due to pregnancy.  She voluntarily requested and she was released from active duty by reason of pregnancy.  As such, she was properly released from active duty for this reason.

3.  The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of her separation.

4.  While it is commendable that she wants to join the Army, there is no basis for changing a properly-assigned RE code.

5.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if she desires to reenter military service, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are required to process requests for RE code waivers.

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 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.
ABCMR Record of Proceedings (cont)                                         AR20100019960



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ABCMR Record of Proceedings (cont)                                         AR20100019960



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