IN THE CASE OF: BOARD DATE: 20 October 2010 DOCKET NUMBER: AR20100011805 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 her Reenlistment (RE) Code be changed so she can enlist in the Army. 2. She states she served as an active duty Soldier for 1 year and was honorably discharged with a RE-3C (pregnancy discharge). At the time of her discharge she was unaware this reenlistment code would prevent her from entering the Army. She also served 8 years in the Army Reserve and recently graduated from Wilberforce University. She would like her RE Code changed based on the fact she has served in the military after her pregnancy. She also completed the required term and received an honorable discharge. 3. She provides no additional documentation in support of her application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records show she enlisted in the Delayed Entry Program on 9 January 1987. She enlisted in the Regular Army, in pay grade E-1, on 10 March 1987, for 4 years. She completed training and was awarded military occupational specialty 76V (materiel storage and handling specialist). 3. On 26 April 1988, the applicant's commander recommended approval of the request for her discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separation), chapter 8, by reason of pregnancy. 4. On 29 April 1988, the appropriate separation authority approved the discharge and directed her service be characterized as honorable and her transfer to the Individual Ready Reserve (IRR) to complete her military service obligation. 5. She was honorably released from active duty in pay grade E-3 on 10 May 1988, under the provisions of Army Regulation 635-200, chapter 8, for pregnancy. She was credited with 1 year, 2 months, and 1 day of net active service. Item 26 (Separation Code) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) states "MDF" and Item 27 (RE Code) states "RE-3C." 6. She was honorably discharged from the IRR on 8 January 1995. 7. Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel. Chapter 8, established policy and prescribed procedures for separating enlisted women because of pregnancy. An honorable discharge was normally appropriate for a Soldier discharged under this chapter. 8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), then in effect, provided that prior to discharge or release from active duty, individuals would be assigned RE codes based on their service records or the reason for discharge. Chapter 3 of the regulation included a list of Armed Forces reentry codes, including Regular Army RE codes. RE-3C applied to persons who did not meet the reentry grade and service criteria at the time of separation. The person was ineligible for enlistment unless a waiver is granted. RE-2 applied for any separation directed as a result of pregnancy under Army Regulation 635-200, chapter 8. The person was fully qualified for enlistment. 9. Army Regulation 635-5-1 (Separation Program Designator Codes), then in effect, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designator (SPD) codes to be used for those stated reasons. The SPD of "MDF" as shown on the applicant’s DD Form 214 was appropriate when the narrative reason for separation was "pregnancy or childbirth” and the authority for discharge was Army Regulation 635-200, chapter 8. 10. The SPD/RE Code Cross Reference Table, then in effect, provided instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause. It also showed the SPD code with a corresponding RE Code and stated that more than one RE Code could apply. The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination. The SPD code of "MDF" had a corresponding RE Code of "2." DISCUSSION AND CONCLUSIONS: 1. The applicant was discharged on 10 May 1988 under the provisions of Army Regulation 635-200, chapter 8. She was issued a separation code of MDF that has a corresponding RE Code of 2 at the time. However, her DD Form 214 shows an RE Code of 3C. 2. The RE Code of 3C is not consistent with the basis for her separation. Therefore, it is recommended her records be corrected to show the RE Code of "2" which is consistent with the basis for her separation in 1988. It would now be appropriate to change Item 27 of her DD Form 214 to show a RE Code of "2." 3. In view of the foregoing, her records should be corrected as recommended below. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing an RE Code of "2" in Item 27 of the applicant's DD Form 214 with an ending date of 10 May 1988 and providing her a corrected separation document. _______ _ _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) AR20100011805 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100011805 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1