IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018031
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 her reentry eligibility (RE) code be changed from a 3 to a 1.
2. The applicant states that she is no longer pregnant and wishes to join the Coast Guard.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 on 6 September 2007. After completion of training, she served in military occupational specialty 42A (Human Resource Specialist).
3. Her official military personnel file contains a DA Form 4187 (Personnel Action) which was completed on 19 September 2008. It shows she requested separation from active duty under the provisions of chapter 8 (Pregnancy), Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations).
4. On an unknown date, the appropriate separation authority approved her separation and directed her separation from the Army prior to her expiration of term of service (ETS) due to pregnancy with an Honorable Discharge Certificate. On 3 October 2008, the applicant was discharged accordingly.
5. Her DD Form 214 shows she completed 1 year and 28 days of creditable active service. It also confirms she was discharged under the provisions of chapter 8, Army Regulation 635-200, with a separation code of KDF and an RE code of 3.
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 the SPD code KDF is the appropriate code to assign to Soldiers separated under the provisions of chapter8 , Army Regulation 635-200, by reason of pregnancy or childbirth. The SPD/RE Code Cross Reference Table states an RE-3 code will be assigned to members separated under these provisions.
7. 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 or childbirth. 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.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (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, including RA RE codes disqualification. RE-3 applies to persons who have a waivable disqualification.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant voluntarily requested separation from the Army under the provisions of chapter 8, Army Regulation 635-200, due to her pregnancy. Therefore, the reason for her separation is correct and the SPD and RE codes assigned are commensurate with the authority and reason for her discharge.
2. According to the SPD/RE Code Cross-Reference Table the appropriate
RE code for the SPD code of KDF is 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 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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