IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110014918 


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 correction of item 27 (Reentry (RE) Code) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 November 2004 to show an RE code other than RE-3.

2.  The applicant states she was given an RE-3 code when she was released from active duty as a member of the Regular Army (RA) for pregnancy and an RE code of "NA" (not applicable) when she was released from active duty as a member of her U.S. Army Reserve (USAR) unit.  She was unable to find the Army Regulation that addresses RE codes; however, National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-35c(2), shows when a member is released from the National Guard for pregnancy they would be given an RE-2 code.  She suspects the RE codes in the NGR would be consistent with those in an Army regulation.  She further states she is applying for an Active Guard Reserve (AGR) position and the RE-3 is a disqualifying factor.

3.  The applicant provides two DD Forms 214 and two letters of recommendation.

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 RA on 28 July 2000 and she held military occupational specialty 92Y (Unit Supply Specialist).  On 20 November 2004, she was honorably released from active duty by reason of pregnancy or childbirth.  She was transferred to the USAR Control Group (Reinforcement).  She completed 4 years, 3 months, and 23 days of creditable active service.

3.  The DD Form 214 she was issued for this period of service shows she was released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 8, by reason of "pregnancy or childbirth."  Item 26 (Separation Code) of this DD Form 214 shows the entry "MDF" and item 27 shows RE-3.

4.  On 10 August 2006, she was ordered to active duty as a member of her USAR unit in support of Operation Iraqi Freedom.  On 5 February 2007, she was honorably released from active duty at the completion of required active service.  She completed 5 months and 26 days of creditable active service.  

5.  The DD Form 214 she was issued for this period of service shows she was released from active duty under the provisions of Army Regulation 635-200, chapter 4.  Item 26 of this DD Form 214 shows the code "LBK" and item 27 shows "NA."

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 8 provides that an enlisted woman may submit a request for voluntary separation due to pregnancy.

7.  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 that SPD code "MDF" is the appropriate code to assign to Soldiers released from active duty for pregnancy or childbirth under the provisions of Army Regulation 635-200, chapter 8.  The SPD/RE Code Cross Reference Table stipulates that an RE code of 3 will be assigned to members separated with an SPD code of "MDF."


8.  Army Regulation 635-5-1 states that SPD code "LBK" is the appropriate code to assign to Reserve component Soldiers released from active duty for completion of required active service.  The SPD/RE Code Cross Reference Table stipulates that RE codes are not applicable for Reserve component Soldiers being separated for other than cause.

9.  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.  This regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment, and includes a list of Armed Forces reentry codes, including RA RE codes.  Table 3-1 includes 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.  Prior to 28 February 1995, RE-2 applied to Soldiers who were separated for the convenience of the Government in accordance with Army Regulation
635-200, chapters 5 and reenlistment was not contemplated.  They were fully qualified for enlistment/reenlistment if all other criteria were met.  However, on
28 February 1995 Army Regulation 635-200 was revised discontinuing use of RE-2.

	c.  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.  The evidence of record shows the applicant was voluntarily released from the RA on 20 November 2004 under the provisions of Army Regulation 635-200, chapter 8, with an SPD of "MDF."  Based on her reason for separation, she was appropriately assigned an RE code of 3 at the time of her separation.  The RE-3 code is the correct code for Soldiers separated by reason of pregnancy or childbirth.

2.  In addition, the governing regulation stipulates that RE codes do not apply when a Reserve component Soldier is separated from active duty for other than cause.  Therefore, when she was released from active duty as a member of the USAR on 5 February 2007, her DD Form 214 was appropriately annotated with "NA" instead of a numbered RE code.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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.

ABCMR Record of Proceedings (cont)                                         AR20110014918



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ABCMR Record of Proceedings (cont)                                         AR20110014918



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