BOARD DATE:	  1 October 2014

		DOCKET NUMBER:  AR20140001417 


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 that the reentry eligibility (RE) code on her 
DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from a 3 to a 1.

2.  The applicant states she:

* believes that the RE code 3 that was applied to her separation code, KDF (pregnancy), no longer applies in her case
* she is currently pursuing a bachelors degree and is weighing her options that relate to her state's National Guard
* when she attains the appropriate amount of credits, she would like the option of her reentry into the military to be seamless
* she is not aware of how the process works that determines the RE codes, but the 3 applied solely to her separation code of KDF for pregnancy
* she understands that a pregnant woman cannot join the Armed Forces, but it should be noted that a woman does not stay pregnant forever
* pregnancy tests are given to recruits to prevent their entry if they are pregnant
* if that is the sole reason for the RE code 3 then it should be changed to RE code 1
* having an RE code 3 means a waiver is required and raises a red flag, which hinders the fact that a Veteran may be fit and in good character 



3.  The applicant provides:

* her DD Form 214 
* a Confirmation of Birth
* a Birth Certificate

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 14 July 2010.

2.  Her record contains: 

	a.  a DA Form 4856 (General Counseling Form) which documented her counseling session on 4 April 2012 outlining her option to remain on active duty or to separate from the Army due to her pregnancy.

	b.  a DA Form 4187 (Personnel Action), dated 11 April 2012, wherein she requested voluntary separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 8, for pregnancy.

3.  On 12 June 2012, the applicant's commander notified her that he was initiating action to discharge her from the service under the provisions of Army Regulation 635-200, chapter 8.  The commander cited the specific reason for his proposed action was the applicant's request for discharge due to pregnancy.

4.  The separation authority approved the applicant's discharge action and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 8, with an Honorable Discharge.

5.  On 26 June 2012, she was discharged accordingly.  The DD Form 214 she was issued shows in:

* Block 24 (Character of Service) honorable 
* Block 25 (Separation Authority) Army Regulation 635-200, Chapter 8
* Block 26 (Separation Code) KDF
* Block 27 (Reentry Code) 3
* Block 28 (Narrative Reason for Separation) pregnancy or childbirth

6.  She submitted a Certificate of Birth, issued 2 January 2013, and a Confirmation of Birth, which shows that she gave birth on 20 December 2012.



7.  References:

	a.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 8 establishes policy and procedures and provides authority for voluntary separation of enlisted women because of pregnancy.  This chapter applies to all Active Army enlisted women and Army National Guard (ARNG) and U.S. Army Reserve (USAR) enlisted women ordered to active duty.  Enlisted women who are medically diagnosed as being pregnant may, after her unit commander has counseled her concerning her options, entitlements, and responsibilities, request separation under this chapter.

	b.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  It states that item 28 (Narrative Reason for Separation) will list the narrative reason for separation based on regulatory or other authority and can be cross-referenced with Army Regulation 635-5-1 (Separation Program Designator Codes).

	c.  Army Regulation 635-5-1 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 KDF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 8, by reason of "pregnancy or birth."  The SPD/RE Code Cross Reference Table, dated 15 June 2006, stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of KDF.

   d.  Army Regulation 635-200 further states 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:
   
		(1)  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.

		(2)  RE-2 is no longer used, effective 1995.

		(3)  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.
		(4)  RE-4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200, chapter 8, pregnancy and childbirth and conduct with an honorable character of service and RE code of 3.  

2.  By regulation the RE code of 3 is the proper code to assign members separated under the provisions of Army Regulation 635-200, chapter 8, by reason of pregnancy and childbirth.

3.  The applicant's separation processing, to include the SPD and RE code assignments, was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected physical or mental conditions.  Therefore, the RE code 3 assignment was and remains valid.  

4.  The applicant is advised that although her RE code has not been upgraded, this does not mean that she is disqualified from reenlistment.  RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification.  Therefore, if she desires to reenlist, the applicant should contact a local recruiter to determine her eligibility.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes. 

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)                                         AR20140001417





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ABCMR Record of Proceedings (cont)                                         AR20140001417



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