Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9710551C070209
Original file (9710551C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  The applicant requests that her records be changed to reflect a hardship or convenience of the government discharge instead of a Chapter 8, Pregnancy, discharge.  She states in effect, that no base housing was provided for single mothers, offbase housing would create a hardship due to cost and due to her rank child care was not provided.  She was also advised that a pregnancy discharge was the way to go.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant’s military records show:

She was born on 25 May 1961.  She initially entered the Delayed Entry Program on 20 June 1980, enlisted in the Regular Army on 3 July 1980, and was honorably discharged on 25 July 1980 under the provisions of the Trainee Discharge Program, pregnant prior to entry on active duty.  She received a reenlistment waiver, reentered the Delayed Entry Program on 22 January 1981 and enlisted again in the Regular Army on 26 January 1981 for 3 years.  She completed basic training and Advanced Individual Training and was awarded Military Occupational Specialty 94B (Cook).

On 12 November 1981, the applicant requested separation under the provisions of Army Regulation 635-200, Chapter 8, pregnancy.  She was counseled by her unit commander on her entitlements and responsibilities.  She initialed her acknowledgment of all items on her counseling checklist.  She was offered the option of remaining on active duty to fulfill the term of her enlistment contract but elected instead separation by reason of pregnancy, Chapter 8.  

On 18 November 1981, the appropriate authority approved the applicant’s request for separation with reassignment to the Individual Ready Reserve.

On 2 December 1981, the applicant was relieved from active duty in pay grade E-2 and transferred to the U.S. Army Reserve Control Group (Annual Training).  Her service was characterized as honorable.  She had completed a total of 11 months 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 8 of that regulation states, in pertinent part, that an enlisted woman who is medically diagnosed as being pregnant may, after her unit commander has counseled her concerning her options, entitlements and responsibilities, request separation under this paragraph.

Army Regulation 635-200, Chapter 6, states, in pertinent part, that a soldier, including a married service woman who becomes a parent by birth or a soldier who becomes a sole parent, may be separated for hardship when separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.  Supporting evidence is required, but in these two cited instances an affidavit from the soldier’s immediate commander or officer who is the job supervisor will be considered sufficient to substantiate the applicant’s claim.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 2 December 1981, the date the applicant was relieved from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 2 December 1984.

The application is dated 29 May 1997.  The applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                       EXCUSE FAILURE TO TIMELY FILE

                       GRANT FORMAL HEARING

                       CONCUR WITH DETERMINATION




           			                   Loren G. Harrell
					         Director

Similar Decisions

  • ARMY | BCMR | CY1997 | 9710551

    Original file (9710551.rtf) Auto-classification: Denied

    On 12 November 1981, the applicant requested separation under the provisions of Army Regulation 635-200, Chapter 8, pregnancy. Chapter 8 of that regulation states, in pertinent part, that an enlisted woman who is medically diagnosed as being pregnant may, after her unit commander has counseled her concerning her options, entitlements and responsibilities, request separation under this paragraph. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military...

  • ARMY | BCMR | CY2010 | 20100016987

    Original file (20100016987.txt) Auto-classification: Approved

    On 16 May 1983, the separation authority approved the applicant's separation under the provisions of chapter 8 of Army Regulation 635-200 by reason of pregnancy and directed her service be characterized as honorable. Her DD Form 214 confirms she was discharged under the provisions of chapter 8 of Army Regulation 635-200 with a narrative reason of separation as "pregnancy" and a separation code of "MDF." Furthermore, there is no evidence the applicant voluntarily requested separation for hardship.

  • ARMY | BCMR | CY2013 | 20130011372

    Original file (20130011372.txt) Auto-classification: Denied

    Army Regulation 635-200 provides for the separation of enlisted personnel. The SPD code MDF is the correct code for Soldiers voluntarily separating under Army Regulation 635-200, chapter 8, by reason of pregnancy or childbirth and SPD code MDB is the correct code for Soldier's voluntarily separating under Army Regulation 635-200, chapter 6, by reason of hardship. The evidence of record shows the applicant became pregnant and underwent pregnancy counseling as required by the applicable regulation.

  • ARMY | BCMR | CY2009 | 20090009141

    Original file (20090009141.txt) Auto-classification: Denied

    On 23 July 2008, the applicant requested separation under the provisions of paragraph 8-1 of Army Regulation 635-200, by reason of pregnancy. The "MDF" SPD code is the correct code for Soldiers separating (voluntary) under chapter 8 of Army Regulation 635-200 by reason of pregnancy or childbirth and the SPD "MDB" is the correct code for Soldier's separating (voluntary) under chapter 6 of Army Regulation 635-200 by reason of hardship. The evidence of record shows that the applicant became...

  • ARMY | BCMR | CY2012 | 20120019506

    Original file (20120019506.txt) Auto-classification: Denied

    The applicant requested and was granted separation due to pregnancy. The applicant's DD Form 214 shows she was honorably relieved from active duty and transferred the U.S. Army Reserve Control Group (Annual Training) in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 8 with a narrative reason for separation of pregnancy. The applicant has not provided and the record does not contain any evidence that her separation should have been under...

  • ARMY | BCMR | CY2008 | 20080006912

    Original file (20080006912.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The evidence of record is void of any indication that the medical conditions the applicant was being treated for while serving on active duty rendered her unfit for further service, or supported her separation processing through medical channels. To the contrary, all medical examinations completed while she was on active duty and subsequently while she was serving in the USAR all show she was fully medically qualified for service/retention.

  • ARMY | BCMR | CY2013 | 20130002941

    Original file (20130002941.txt) Auto-classification: Denied

    The applicant requests to change the narrative reason for her separation from "Pregnancy Discharge - Overseas Separation" to "Hardship." The complete facts and circumstances surrounding the applicant's separation were not available to the Board; however, the applicant's record contains Orders 118-6, issued by the 369th Personnel Service Company, dated 8 June 1988, which show she received an approved overseas separation and an approved chapter 8 (Separation of Enlisted Women for Pregnancy)...

  • ARMY | BCMR | CY2012 | 20120009950

    Original file (20120009950.txt) Auto-classification: Denied

    The applicant requests change of her reentry eligibility (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Service) from a 3 to a 1. She voluntarily requested separation from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 8, for pregnancy. Army regulations state that prior to discharge or release from active duty, individuals will be assigned RE codes based on their...

  • ARMY | BCMR | CY2010 | 20100019960

    Original file (20100019960.txt) Auto-classification: Denied

    The applicant requests change of her reentry (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Service) from a "3" to a "1." She voluntarily requested separation from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 8, for pregnancy. Those individuals can best advise a former service member as to the needs of the service at the time and are required to process requests...

  • ARMY | BCMR | CY2010 | 20100018764

    Original file (20100018764.txt) Auto-classification: Denied

    She states that in March 2010 she discovered that the discharge she was given from the military was involuntary because she was not told that she had a choice to remain in the Army. On 21 July 1986, her commander provided her a DA Form 2496 (Disposition Form) requesting her election to either separate for reason of pregnancy per Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 8 (Separation of Enlisted Women - Pregnancy) or to remain on active duty to fulfill...