MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             28 August 2001                  
	DOCKET NUMBER:    AR2001056161

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman		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-2 to RE-1.

APPLICANT STATES:  That she wants her RE code changed because it would look better on her record. 

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

She enlisted in the Regular Army on 19 September 1989 for a period of 3 years, was awarded military occupational specialty (88M) Motor Transport Operator, and achieved the grade of E-3.

On 2 October 1990, the applicant requested release from active duty due to pregnancy under the provisions of chapter 8, Army Regulation (AR) 635-200.  She requested a separation date of 31 October 1990.

The appropriate authority approved the applicant’s request with an honorable characterization of service.  Accordingly, on 16 November 1990, the applicant was released from active duty and transferred to the Individual Ready Reserve after completing 1 year, 1 month, and 28 days of creditable military service.  Her DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the narrative reason for separation as pregnancy, with a separation code of MDF, and a RE code of RE-2.

AR 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.  Separation for pregnancy is a voluntary separation.  The regulation dictates that all pregnant soldiers be counseled that they may choose to remain in the service or separate.

AR 635-5-1 provides, in pertinent part, that soldiers separated in accordance with AR 635-200, chapter 8 will be assigned the separation program designator (SPD) of MDF.

AR 635-1 cross reference table provides, in pertinent part, that soldiers separated with SPD MDF will be assigned RE-2.

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.  AR 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the US Army Reserve.  Chapter 3 of that regulation, then in effect, prescribes basic eligibility for prior service applicants for enlistment.  RE Codes are assigned at the time of separation to determine the individual reentry eligibility.  RE-2 applies to persons separated before completing a contracted period of service whose reenlistment is not contemplated.  They are fully qualified for enlistment.

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-2 is the appropriate code for her narrative reason for discharge.  RE-1 can only be assigned to soldiers who complete their initial term of active service, which she did not.  RE-2 indicates those soldiers separated for pregnancy, which she was.  However, RE codes should not to be considered derogatory in nature, but are used to identify processing procedures for reentry. 

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

___jns___  ____rtd__  ____dph_  DENY APPLICATION

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

INDEX

CASE ID	AR2001056161	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.100.03		
2.		
3.		
4.		
5.		
6.