IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009950 


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 eligibility (RE) code on her 
DD Form 214 (Certificate of Release or Discharge from Active Service) from 
a 3 to a 1.  She also requests the reason for her separation be changed.

2.  The applicant states she was voluntarily discharged for pregnancy.  She now wishes to enlist in the Navy Reserve but she can't because the Navy will not accept an RE code of 3.  She wishes to have her RE code changed to 1 so she can continue her military service and make a career of it.

3.  The applicant provides her DD Form 214 with a separation date of 24 April 2007.

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.  She enlisted in the Regular Army on 3 March 2004 for a period of 4 years.  She completed basic combat and advanced individual training and was awarded military occupational specialty 44C (Financial Management Technician).

3.  On 18 December 2006, 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, directed she be issued an honorable characterization of service, and that she be transferred to the Individual Ready Reserve (IRR).

5.  On 24 April 2007, she was released from active duty and transferred to the IRR.  She completed 3 years, 1 month, and 22 days of active service that was characterized as honorable.  The following entries are shown on her 
DD Form 214:

* item 26 (Separation Code) - MDF
* item 27 (Reentry Code) - 3
* item 28 (Narrative Reason for Separation) - Pregnancy or Childbirth

6.  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.  

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. 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 code MDF specifies the narrative reason for discharge as Pregnancy or Childbirth.

8.  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 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.  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.

9.  The SPD/RE Code Cross-Reference Table, dated 15 June 2006, shows that the appropriate RE code for the SPD code of MDF is 3.

DISCUSSION AND CONCLUSIONS:

1.  She was properly counseled and informed of her options to remain on active duty or to be separated by reason of pregnancy.  She acknowledged she received counseling concerning her options and there was no coercion influencing her decision.  She voluntarily requested separation and she was released from active duty by reason of pregnancy.  Therefore, the reason for her separation is correct and the SPD code assigned is appropriate.

2.  According to the SPD/RE Code Cross-Reference Table the appropriate 
RE code for the SPD code of MDF is 3.  Therefore, her assigned RE code of 3 is correct.

3.  Her RE code was administratively correct and in conformance with applicable regulations at the time of her separation.  There is no basis for changing a properly assigned RE code.


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)                                         AR20120009950



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ABCMR Record of Proceedings (cont)                                         AR20120009950



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