ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEDING 
IN THE CASE OF:   BOARD DATE: 8 December 2021 DOCKET NUMBER: AR20210012050 
APPLICANT REQUESTS: Reconsideration of her previous request to correct her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry 
eligibility (RE) code of “1” in lieu of RE “3.” 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record) 

. 
DD Form 214 

. 
United States Army Human Resources Command (USAHRC) Orders C-07-9 13478 

. 
Headquarters, 81st Regional Support Command Orders 10-078-00065 

. 
DA Form 4187 (Personnel Action) 

. 
Telephone Roster (Family Readiness Group) 

. 
DA Form 93 (Benefits Related Information), page 2 

. 
Service Member Group Life Insurance Election and Certificate 


FACTS: 
1. 
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100019960 on 22 February 2011, and in AR20210015168 on 31 July 2020. 

2. 
The applicant states she served in the Reserve in 1998 and 1999 as a combat nurse. She drilled at Fort Benning, GA, Martin Army Hospital. She also served in the Reserve from 2005-2009 as a human resources specialist drilling with the U.S. Army Medical Command, Fort Bragg Hospital.  Her RE code should be changed from RE-3 to RE-1. Additionally, she states she served honorably and had no negative impact on her record.  She was voluntarily honorably discharged and received an impact award upon leaving. Pregnancy is not a justifiable reason to keep a person from returning to the armed forces.  Recruiters will not bother helping a person with an RE code of “3.” 

3. 
On 28 October 2003, the applicant enlisted in the Regular Army for 4 years in pay grade E-1. On 24 March 2004, she was assigned to Fort Benning, GA. She received a positive pregnancy on 15 September 200 and she was issued a physical profile showing she should, walk, run, bicycle, and swim at her own pace, and distance. 

4. 
A memorandum, dated 22 September 2004, shows the applicant received pregnancy counseling.  She acknowledged/affirmed that she was counseled concerning her rights and she understood her entitlements, responsibilities, and expectations if she remained on active duty. 

5. 
On 22 September 2004, in a memorandum for her commander she acknowledged she had been counseled, there was no coercion on the part of the counselor influencing her decisions and that she elected separation under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 8, due to pregnancy. 

6. 
On 24 September 2004, she submitted a DA Form 4187 requesting separation from active duty under the provisions of AR 635-200, chapter 8. 

7. 
On 26 October 2004, the applicant’s commander recommended the applicant’s separation from the Army prior to the expiration of her current term of service, under the provisions of AR 635-200, chapter 8, due to pregnancy with an Honorable Discharge Certificate. 

8. 
On 28 October 2004, the approval Authority approved the applicant’s separation with an Honorable Discharge Certificate under the provisions of AR 635-200, chapter 8. 

9. 
Accordingly, on 10 November 2004, she was released and transferred to the United States Army Reserve (USAR) Control Group (Individual Ready Reserve).  Her DD Form 214 shows she completed 1 year and 13 days of creditable active military service. Her authorized awards are listed as the Global War on Terrorism Service Medal, National Defense Service Medal, Army Lapel Button, and Army Service Medal. It also shows in: 

. 
Character of Service, Honorable 

. 
Separation Authority, AR 635-200, Chapter 8 

. 
Separation Code, MDF 

. 
Reentry Code, “3” 

. 
Narrative Reason for Separation, Pregnancy 



10. 
AR 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 the purpose of the counseling is to provide information concerning options, entitlements, and responsibilities, and the Soldier may remain on active duty or upon request, be separated per this chapter. 

11. 
AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code “MDF” is the appropriate code to assign Soldiers separated under the provisions of AR 635-200, chapter 8, by reason of pregnancy. 

12. 
The SPD/RE Code Cross Reference Table stipulates RE code "3" was to be 


assigned to members separated with the SPD code of “MDF.” 
13. The applicant provided: 
a. 
USAHRC Orders C-07-9 13478, dated 20 July 2009, showing she was voluntarily released from the USAR Control Group (Reinforcement), effective 17 July 2009. 

b. 
Headquarters, 81st Regional Support Command Orders 10-078-00065, dated 19 March 2010, honorably discharging her from the USAR, effective on this date. 

c. 
She also provided the other documents listed above under the “Applicant's Supporting Documents Considered by the Board,” some of these documents are also contained in her military personnel record. The Board was provided the applicant’s submissions in its entirety. 


14. Regarding the applicant’s contentions: 
a. 
That her DD Form 214 should be corrected to reflect an RE code of “1” in lieu of “3.” The available evidence shows the applicant’s RE code of “3” is appropriate based on her reason for release from active duty under the provisions of AR 635-200, chapter 8, due to pregnancy. 

b. 
Pregnancy is not a justifiable reason to keep a person from returning to the armed forces. Her RE code does not preclude her from returning to the armed forces. She was not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. She is ineligible to return unless a waiver is granted. 

c. 
The applicant is advised that if she desires to reenter military service, she should contact a local recruiter who can best advise her on her eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers. 

d. 
The applicant’s official record is void of evidence that shows she served in an active duty status after 10 November 2004. Even if, she completed USAR service after her period of active service in 10 November 2004, in accordance with the regulation, it is not authorized to be included on the DD Form 214 issued on 10 November 2004, nor does it have any bearing on this DD Form 214. 


15. 
The available evidence shows she received a positive pregnancy test and she was counseled and provided information concerning her options, entitlements, responsibilities, and that she could remain on active duty or upon request, be separated under the provisions of AR 635-200, chapter 8. She acknowledged that she had been counseled concerning her rights and she understood her entitlements, responsibilities, and expectations if she remained on active duty.  After being advised of her options she voluntarily elected separation under AR 635-200, chapter 8, due to pregnancy. 

16. 
In reaching its determination, the Board can consider the applicant's petition, her submissions, and her service record, in light of the published Department of Defense guidance on equity, injustice, or clemency. 


BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant statement, her record of service, documents provided by the applicant and her request for separation. Based upon her reason for separation, the Board agreed that the applicant's reentry code is warranted. The Board noted per regulatory guidance the SPD code “MDF” is the appropriate code to assign Soldiers separated under the provisions of AR 635-200, chapter 8, by reason of pregnancy, in addition the RE code of “3” is assigned to members separated with the SPD code of “MDF. During deliberation the Board agreed the RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted. Therefore, the Board denied relief and voted the reentry code remain the same. Based on a preponderance of evidence, the Board determined that the applicant's RE code was not in error or unjust. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
: : : GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
XXX XXX XX DENY APPLICATION 
BOARD DETERMINATION/RECOMMENDATION: 
The Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20100019960 on 22 February 2011, and in AR20210015168 on 31 July 2020. 
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. 
ADMINISTRATIVE NOTE(S): NA 
REFERENCES: 
1. 
Title 10, USC, 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. 
AR 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 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. 
AR 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. 

4. 
AR 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on 


the DD Form 214. The SPD code “MDF” is the appropriate code to assign Soldiers 
separated under the provisions of AR 635-200, chapter 8, by reason of pregnancy. 
5. 
The SPD/RE Code Cross Reference Table stipulates the RE code of “3” would be assigned to members separated with the SPD code of “MDF.” 

6. 
 AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 includes a list of the RA RE codes: 


a. 
RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met. 

b. 
RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted. 


7.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. 
a. 
This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. 

b. 
 Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. 


//NOTHING FOLLOWS//