MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 5 August 1998
DOCKET NUMBER: AC97-06827
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The following members, a quorum, were present:
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
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: In effect, that the narrative reason for her discharge be changed from pregnancy to hardship.
APPLICANT STATES: In effect, that she did not understand that hardship would not be included in the reason when she received her honorable discharge.
EVIDENCE OF RECORD: The applicant's military records show:
On 2 December 1980 the applicant entered the Regular Army for 3 years at the age of 18. She successfully completed basic training at Fort Dix, New Jersey and advanced individual training (AIT) at Fort Lee, Virginia. Upon completion of AIT she was awarded military occupational specialty (MOS) 76P (Material Control and Accounting Specialist) and assigned to Fort Greely, Alaska for her first permanent duty station.
The applicants record indicates that the highest rank she held while on active duty was private first class/E-3. The record shows the applicant received the Army Service Ribbon but documents no acts of valor, achievement, or service warranting special recognition.
On 24 November 1981 the applicant underwent pregnancy counseling in which she received comprehensive counseling on her options, entitlements, and responsibilities. At the conclusion of her counseling the applicant completed a statement indicating that she elected to separate by reason of pregnancy under the provisions of chapter 8, AR 635-200. On 30 November 1981 the applicants unit commander recommended approval of the applicants request and the appropriate authority approved the discharge and directed the applicant receive an honorable discharge by reason of pregnancy.
Accordingly, on 3 December 1981 the applicant was discharged with an HD after completing 1 year and 1 day of active duty. At the time of discharge the applicant was issued a properly constituted DD Form 214 (Certificate of Release or Discharge From Active Duty), which she authenticated with her signature, that listed the characterization of service as honorable and the narrative reason as pregnancy.
There is no indication that the applicant applied to the Army Discharge Review Board for a change to her discharge within the 15 year statute of limitations.
Army Regulation 635-200, chapter 8 then in effect, provided policies, procedures, and guidance which allowed female enlisted personnel to request discharge, by reason of pregnancy. An honorable characterization of service was normal for individuals discharged under these provisions.
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 Board noted the applicants desire to have hardship coded as the reason for her discharge and her contention that she was unaware that hardship would not be included as part of an HD. However, the evidence of record shows the applicant voluntarily requested discharge by reason of pregnancy after undergoing extensive counseling on her options and entitlements. The record also contains a properly constituted DD Form 214, authenticated by the applicant, which lists the characterization of service and reason for discharge. This is evidence that the at the time of discharge the applicant was fully aware of the reason for her discharge. The Board concluded that the applicants contentions are unfounded and that the discharge proceedings were conducted in accordance with law and regulation applicable at the time.
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 is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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