Applicant Name:  ?????

Application Receipt Date: 2012/03/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "Upon my Separation I was pregnant, and requested to get separated early based off the fact that my due date was my ETS date. I needed to move my things and family out of state before I was unable to do so. I wasn't quite sure if I would reenlist again but I knew that if I did I would reenter as an Officer. Now that I have completed my degree I'm actively looking to re-enter the service but a recruiter just brought to my attention that I am ineligibile because of my RE code being a 3. Basically I would like to get my reentry code changed to a 1, since I am no longer pregnant, otherwise I cannot re-join the military."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 040203
Discharge Received: 			   Date: 040228   Chapter: 8       AR: 635-200
Reason: Pregnancy	   RE:     SPD: MDF   Unit/Location: A Company, 206th Military Intelligence Battalion, Fort Gordon, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 000606    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 8  Mos, 25  Days ?????
Total Service:  		3 Yrs, 8  Mos, 25  Days ?????
Previous Discharges: 	USAR 000519-000605/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 98C10 Sig Intell Analyst   GT: 110   EDU: Completed 3 years of Coll   Overseas: None   Combat: None
Decorations/Awards: GCMDL, NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in her issue that she has completed her college degree.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 December 2003, the applicant acknowledged she received the required pregnancy counseling by the unit commander and understood her entitlements and responsibilities.  The applicant was given seven days to elect to remain on active duty or request voluntary separation.  On 8 December 2003, she elected separation by reason of pregnancy.  
       
       On 2 February 2004, she submitted her request for voluntary separation under the provisions of Chapter 8, AR 635-200, by reason of pregnancy and on 3 February 2004, the unit commander recommended approval of the applicant’s request.  
       
       The separation authority approved the separation action with an honorable discharge.  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 8 provides for the voluntary separation of enlisted woman because of pregnancy.  Service of enlisted woman separated under the provisions of Chapter 8 will be characterized as honorable or general, under honorable conditions unless the Soldier is in an entry level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 8, unless properly notified of the specific factors in her service record that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the issue submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge and the reentry eligibility (RE) code on the applicant's DD Form 214.  
       
       The applicant was discharged under the provisions of Chapter 8, AR 635-200, by reason of pregnancy with an honorable discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pregnancy” and the separation code is "MDF" with a reentry eligibility (RE) code "3."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, the separation code, entered in block 26 and the reentry eligibility code entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       In view of the foregoing, the analyst determined that the narrative reason for discharge and the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 15 February 2012.  













VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge and the reentry eligibility (RE) code was both proper and equitable and voted to deny relief. 
        
IX.  Board Decision						
Board Vote:
Character - Change NA    No change NA
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120005801
______________________________________________________________________________


Page 3 of 3 pages