APPLICANT REQUESTS: That her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected by changing the narrative reason for separation from Pregnancy to Reduction in Force and to change her name back to her maiden name.
APPLICANT STATES: In effect, that she was not pregnant at any time during her service. She had been sterilized in 1977. Plus, she wants her maiden name on her DD Form 214.
EVIDENCE OF RECORD: The applicants military records show:
She was born on 29 October 1955. She completed 12 years of formal education. On 29 March 1989, she entered the Delayed Entry Program and on 30 March 1989 she enlisted as Joyce Ann Summers in the Regular Army for 6 years. She completed basic training and advanced individual training and was awarded military occupational specialty 31C (Radio Communications Specialist).
Evidence in the records establishes that the applicant had had a tubal ligation prior to her enlistment.
On 18 May 1990, the applicant requested her name be changed to Joyce Ann Ryan, due to marriage. The request was approved. This is the name the applicant held at the time of her separation.
The applicant received at least four counseling statements for infractions such as failure to go to her appointed place of duty, missing formation and disobeying an order.
On 15 February 1991, the applicant completed a Chapter Physical examination and was found qualified for separation.
On 19 February 1991, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to her appointed place of duty. Her imposed punishment was 14 days extra duty and restriction, suspended.
On 5 March 1991, the applicants commander initiated separation proceedings under the provisions of Army Regulation 635-200, Chapter 13 for unsatisfactory performance. His recommendation cited her Article 15, the fact she was counseled on several occasions for failing to go to her appointed place of duty, and her marginal performance.
On 5 March 1991, the applicant acknowledged that she was afforded the opportunity to consult with counsel. She waived representation by counsel and elected not to submit a statement in her own behalf. She acknowledged that she understood she may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were to be issued to her.
On 14 March 1991, the appropriate authority approved the recommendation and directed that she be given a general discharge.
On 18 March 1991, separation orders had been published returning her to the United States for separation. Those orders did state in the special instructions: Separation authority in accordance with DA MSG 090001Z Mar91 STOP LOSS-Demobilization; however, these orders were shortly thereafter revoked.
On 4 April 1991, the applicants request for an overseas separation (because her spouse was still assigned to Germany) was approved.
On 10 April 1991, new separation orders were published authorizing her an overseas separation. No separation authority is listed; however, the second page of the orders is missing.
On 10 April 1991, she was released from active duty, in pay grade E-3, erroneously under the provisions of AR 635-200, Chapter 8 - Pregnancy, with an honorable discharge. She had completed 2 years and 11 days of creditable active service and had no lost time.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commanders judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.
Chapter 8 of Army Regulation 635-200 establishes the policy and procedures and provides the authority for the voluntary separation of enlisted women because of pregnancy.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is concluded:
1. The available records do not show and the applicant has not provided any convincing evidence to demonstrate she was separated as a result of a reduction in force nor that she had changed her name back to Joyce Ann Summers prior to her separation.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: As the evidence of record indicates the applicant was separated from the service under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance with a general discharge, the Army Review Boards Agency, Support Division, will be directed to review and correct her DD Form 214 and discharge certificate as appropriate.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2002 | 2002075977C070403
APPLICANT REQUESTS: In effect, the applicant requests that her records be corrected to show retirement because of physical disability with a 95 percent disability rating in the grade of lieutenant colonel. The applicant’s records, to include those that she herself completed and signed, dating from June 1981 to the date that she was permanently retired, show that she used her married surname even after her 1982 divorce. The evidence also suggests that she did not concur in a PEB finding to...
ARMY | BCMR | CY2002 | 2002065462C070402
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: That item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry "Hardship" instead of "Pregnancy," and that she receive her education benefits. On 13 January 1992, the applicant submitted a formal personnel...
ARMY | BCMR | CY2013 | 20130019525
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 13 October 1989, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12a, due to misconduct minor disciplinary infractions. The available records do not show the applicant ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080018597
29 June 1990 for failure to be at her appointed place of duty; k. 1 July 1990 for having a poor attitude; l. 6 August 1990 for failure to be in the proper duty uniform and for failing to be at her appointed place of duty; m. 7 September 1990 for failure to be at her appointed place of duty; and n. 11 September 1990 for disobeying a lawful order from an NCO and being derelict in the performance of duties. The applicant signed a statement indicating that she was advised she was being...
ARMY | BCMR | CY1996 | 9611208C070209
She was counseled on 16 July for her unsatisfactory duty performance. On 30 July 1991 the applicants commanding officer initiated action to separate the applicant for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13. The service of soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military record.
ARMY | BCMR | CY2014 | 20140001286
Application for correction of military records (with supporting documents provided, if any). A counseling statement, dated 2 December 1991, for failing to pay her rent and utilities for the months of October and November 1991. ABCMR Record of Proceedings (cont) AR20140001286 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140001286 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2010 | 20100012976
She was advised of her right to remain in the service or to request separation in accordance with Army Regulation 635-200. On 10 July 1989, the applicant personally signed a DA Form 4187 (Personnel Action) requesting an immediate separation from the Regular Army under the provisions of chapter 8, Army Regulation 635-200. c. Army Regulation 635-200 states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason...
ARMY | BCMR | CY2014 | 20140014308
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 July 1990, to change her separation code from "MDF" to "CIWD" (Condition Interfered with Duties). It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. The applicant's request for correction of her DD Form 214, for the period ending 2 July 1990, to change her separation code from "MDF" to...
ARMY | BCMR | CY2006 | 20060004934C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that her general discharge be upgraded to an honorable discharge. This man (her husband) made his way back into the country of Germany on just an ID Card.
ARMY | BCMR | CY2011 | 20110016556
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no evidence in the available record showing that she received counseling while she was in the Army because she was suicidal. The applicant received a general discharge based on her overall record of service.