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