MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 March 2001
	DOCKET NUMBER:   AR2000044504

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Donald P. Hupman 		Member	
	Mr. John T. Meixell 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her reentry eligibility (RE) code be changed from RE-3 to RE-1.

APPLICANT STATES:  In effect, that she wants her RE code changed in order to enlist in the Air Force.  She believes that the Air Force offers many opportunities that are of interest to her and that in order to take advantage of these opportunities she needs an RE code of RE-1.  In support of her request, she submitted three character references and a statement in her own behalf.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the Regular Army for 4 years on 19 August 1992.  She enlisted for the Training of Choice Enlistment Option 77F, Petroleum Supply Specialist.  Following basic combat and advance individual training, she was awarded military occupational specialty (MOS) 51K10, Plumber.

On 19 October 1995, the applicant requested release from active duty due to pregnancy under the provisions of chapter 8, Army Regulation 635-200.  She requested a separation date of 27 October 1995.  The appropriate authority approved the applicant’s request with an honorable characterization of service. Accordingly, on 27 October 1995, the applicant was released from active duty and transferred to the Individual Ready Reserve after completing 3 years, 2 months, and 9 days of creditable military service.  Her DD Form 214, Certificate of Discharge or Release from Active Duty, reflects the narrative reason for separation as pregnancy, with a separation code of MDF, and an RE code of 
RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 8 of that regulation establishes policy and procedures, and provides authority for the voluntary separation of enlisted women because of pregnancy.  

Pertinent Army regulations provide 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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter included a list of armed forces RE codes.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated for the purpose of pregnancy are issued an RE code of RE-3.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize her rights.

2.  The Board carefully reviewed the applicant’s records and determined that her RE code of RE-3 is the appropriate code for her narrative reason for discharge.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jh____  __dph____  __jtm____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044504	
SUFFIX		
RECON		
DATE BOARDED	20010313	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19951027	
DISCHARGE AUTHORITY	AR 635-200, chapter 8	
DISCHARGE REASON	Pregnancy	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.