BOARD DATE: 27 September 2019 DOCKET NUMBER: AR20180016023 APPLICANT REQUESTS: In effect, correction of the separation authority, separation code, reentry (RE) code, and narrative reason for separation shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty), to show she was discharged due to hardship. She requests her RE code be changed from RE code "3" to an RE code more conducive with a discharge due to hardship. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 12 October 2018 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states both her and her husband were on active duty at the time of her discharge. She is requesting this change for Department of Veterans Affairs (VA) purposes only. 3. The applicant enlisted in the Regular Army on 7 August 2000. 4. The facts and circumstances surrounding the applicant's discharge are not available for review. However, her DD Form 214 shows she was honorably discharged on 5 April 2002, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 8, due to pregnancy. Her DD Form 214 shows in: * Item 25 (Separation Authority) – "AR 635-200, CHAP 8" * Item 26 (Separation Code) – "MDF" * Item 27 (RE Code) – "3" * Item 28 (Narrative Reason for Separation) – "Pregnancy" 5. Although the applicant's discharge packet is not available for review, there is no evidence of record and she has not provided evidence that shows there was an error or injustice related to her separation processing. 6. The applicant petitioned the Army Discharge Review Board (ADRB), on or about 10 August 2006, for a change of the narrative reason for separation shown on her DD Form 214, from "pregnancy" to "hardship, due to pregnancy." The ADRB considered her petition on 29 August 2007; the ADRB determined that her narrative reason for separation was equitable and denied her request. 7. The Army does not have nor has it ever had a policy that provides for the change of a narrative reason for separation for VA purposes. Each case is decided on its own merits when an applicant requests a change in the narrative reason for separation. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were in error or unjust. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, her record of service, the absence of a separation packet and the reason for her separation. The Board found insufficient evidence of hardship and the applicant provided no additional evidence in support of her statement or to show that she requested a discharge due to hardship. Based on a preponderance of evidence, the Board determined that the separation authority, separation code, reentry (RE) code, and narrative reason for separation shown on her DD Form 214 were not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, Army National Guard (ARNG), and U.S. Army Reserve (USAR). It provides 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. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. RE code "3" applies to persons who have a waivable disqualification. 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the separation codes to be entered on the DD Form 214. It provides that the separation code "MDF" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, Chapter 8, by reason of pregnancy. 4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 8 establishes policy and procedures and provides authority for voluntary separation of enlisted women because of pregnancy. This chapter applies to all Active Army enlisted women and ARNG and USAR enlisted women ordered to active duty. Enlisted women who are medically diagnosed as being pregnant may, after her unit commander has counseled her concerning her options, entitlements, and responsibilities, request separation under this chapter. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016023 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180016023 4 ABCMR Record of Proceedings (cont) AR20180016023 3