BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130019179
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, in effect, that the narrative reason and reentry eligibility (RE) code be changed on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that she was not discharged for medical reasons or misconduct and she needs her RE code changed in order to enlist in the U.S. Air Force.
3. The applicant provides her Enlisted Record Brief (ERB) and DD Form 214 (copies 1 and 4).
CONSIDERATION OF EVIDENCE:
1. She enlisted in the Regular Army on 1 November 2009. After completion of training, she served in military occupational specialty 15P (Aviation Operations Specialist).
2. Her record is void of a complete separation packet; however, it contains a memorandum issued by the 21st Cavalry Brigade (Air Combat), III Corps and Fort Hood, Fort Hood, TX, dated 20 June 2012. This memorandum, SUBJECT: Separation Under Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), Chapter 8 (Pregnancy), approved her separation and directed she be separated from the Army prior to her expiration term of service (ETS) due to pregnancy with an honorable discharge certificate.
3. 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.
4. 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.
5. 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 the SPD code MDF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200 by reason of pregnancy or child birth. 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.
DISCUSSION AND CONCLUSIONS:
1. Her record is void of her complete separation packet; however, she was separated for pregnancy, a voluntary process. It must be presumed that she was properly counseled and informed of her options to remain on active duty or to be voluntarily separated by reason of pregnancy, and further, that she acknowledged that she was counseled concerning her options and there was no coercion to influence her decision. 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 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.
4. The applicant is advised that if she desires to reenter military service, she should continue to work with her local recruiter as they can best advise her as to the needs of the service and are responsible for processing enlistment waivers for the applicant's RE code provided she is otherwise eligible.
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) AR20130019179
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ABCMR Record of Proceedings (cont) AR20130019179
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