IN THE CASE OF: BOARD DATE: 31 July 2020 DOCKET NUMBER: AR20190015168 APPLICANT REQUESTS: * reconsideration of her previous request for correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code of "1" * correction of her DD Form 214 to reflect her service in the U.S. Army Reserve (USAR) * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * USAR reassignment orders, dated 20 July 2009 * DA Form 4187 (Personnel Action), dated 6 January 2010 * USAR discharge orders, dated 19 March 2010 * DD Form 93 (Record of Emergency Data) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code, 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100019960 on 22 February 2011. 3. The applicant states she was voluntarily and honorably discharged. She had no bad reports and she served with dignity, honor, and respect. She contends that she did not deserve an RE code of "3." Additionally, her USAR service is not reflected on her DD Form 214. 4. The applicant enlisted in the Regular Army on 28 October 2003. 5. In September 2004, the applicant submitted a DA Form 4187 requesting separation from active duty under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 8 (Separation of Enlisted Women – Pregnancy). 6. On 28 October 2004, the separation authority approved the applicant's request for separation under the provisions of Army Regulation 635-200, chapter 8. 7. The applicant's DD Form 214 confirms she was released from active duty and transferred to the USAR Control Group (Individual Ready Reserve) on 10 November 2004 under the provisions of Army Regulation 635-200, chapter 8. Her DD Form 214 also shows she was assigned a separation code of "MDF" and an RE code of "3." 8. Orders issued on 19 March 2010, directed the applicant's honorable discharge from the USAR effective 19 April 2010. 9. The applicant provided: a. USAR reassignment orders, dated 20 July 2009, showing she was reassigned from the USAR Control Group (Reinforcement) to the 7236th IMSU effective 17 July 2009. b. A DA Form 4187, dated 6 January 2010, pertaining to her request for retesting in Army personnel tests. 10. There is no evidence in the applicant's available records indicating she performed active duty service in excess of 90 days after her release from active duty on 10 November 2004. BOARD DISCUSSION: The Board carefully considered the evidence presented, including the applicant’s statement and found the evidence presented does not demonstrate the existence of a probable error or injustice regarding any of the applicant’s requests and is insufficient to amend the ABCMR’s prior decision in Docket R in Docket Number AR20100019960 on 22 February 2011. 1. Regarding the applicant’s request for reconsideration of her previous request for correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a RE code of "1", the evidence of record indicates that the applicant’s current RE code of “3” is proper. Per regulation, an RE code of “3” is assigned to members separated under the SPD of MDF. The RE code of 3 indicates that the applicant’s disqualification is waivable. 2. Regarding the applicant’s request for correction of her DD Form 214 to reflect her service in the U.S. Army Reserve (USAR). The applicant’s official record is void of evidence that the applicant served on active duty for any longer than indicated on her DD Form 214 effective “2004-11-10”. The applicant’s inactive service in the USAR occurred after the applicant’s period of active service and, per regulation, is not included on the DD Form 214. 3. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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. 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 635-200 provides for the separation of enlisted personnel. Chapter 8 establishes policy and procedures and provides authority for voluntary separation of enlisted women because of pregnancy. The unit commander will direct an enlisted woman who believes that she is pregnant to report for diagnosis by a physician. When medical authorities determine an enlisted woman is pregnant, she will be counseled and assisted as required by chapter 8. The unit commander will explain that the purpose of the counseling is to provide information concerning options, entitlements, and responsibilities and that the Soldier may remain on active duty or upon request, be separated per this chapter. 3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army and the USAR. The regulation 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 separation. Chapter 3 of the regulation prescribes basic eligibility for prior service applicants for enlistment. This chapter includes a list of Armed Forces RE codes. a. RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, so long as all other qualifications are met. b. RE-3 applies to persons not qualified for continued Army service at the time of discharge, but the disqualification is waivable. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and the reasons for the separation of members from active military service and the SPD codes to be used. The regulation shows that the SPD code of MDF, as shown on the applicant's DD Form 214, is appropriate for discharge when the narrative reason for discharge is pregnancy and the authority for discharge is Army Regulation 635-200, chapter 8. 5. The SPD Code/RE Code Cross Reference Table states that when the SPD code is MDF then an RE code of 3 will be assigned. 6. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty, including USAR personnel who are separated after completing 90 days or more of continuous active duty. 7. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. The regulation states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015168 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1