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ARMY | BCMR | CY2002 | 2002077182C070215
Original file (2002077182C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002077182


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Ms. Margaret V. Thompson Member
Mr. Richard T. Dunbar Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that her Report of Separation, DD Form 214, be corrected to show she completed the Medical Field Service School and to change "abortion" to a better medical term. She states that she completed Medical Field Service School and came out fifth in her class. Her DD Form 214 should not say "abortion." It should say she had female problems that resulted in a miscarriage.

3. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information was obtained from her service medical records and other alternate sources.

4. The applicant enlisted in the Army on 24 June 1949. She completed basic training and attended advanced individual training at the Medical Field Service School at Fort Sam Houston, TX.

5. Apparently around November/December 1950 the applicant, a married woman, discovered she was pregnant and separation was initiated. On 5 December 1950, she noted lower abdominal pains and bleeding. When those symptoms became more severe, she was hospitalized, diagnosed with spontaneous abortion, incomplete, and an emergency operation was performed. She was discharged from the hospital.

6. On 27 December 1950, the applicant was discharged under the provisions of Army Regulation 615-361, section III. Her DD Form 214, item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) shows she completed Medical Field Service School training, attended from September 1949 to January 1950, major course being Lab Technician. Item 21 (Service Training Courses Successfully Completed) shows "None." Item 38 (Remarks) includes the entry "Incomplete Abortion."

7. Army Regulation 615-361 at the time provided for the discharge of enlisted personnel for marriage and pregnancy. Section III described the policies and procedures for discharging an enlisted woman for pregnancy. It stated that the discharge of an enlisted woman certified by a medical officer as pregnant would be effected as soon practicable. If the pregnancy was terminated by a therapeutic abortion, miscarriage, or stillbirth prior to the effective date of discharge, the enlisted woman could request continuation on active duty.

8. Army Regulation 615-360-1, effective 20 June 1950, governed discharge procedures and preparation of separation forms for enlisted personnel. Item 30 of the DD Form 214 would contain all service schools, including dates and major course, successfully completed. Item 31 could contain installation training courses, military correspondence courses, and off-duty courses successfully completed. One of the required entries in item 38 was the specific cause for discharge.
9. Dorland's Illustrated Medical Dictionary, 26th edition states that one definition of miscarriage is spontaneous abortion. Abortion is defined as the premature expulsion from the uterus of the products of conception. There are many types of abortions. Incomplete abortion is defined as an abortion in which the uterus is not entirely rid of its contents. Spontaneous abortion is defined as an abortion occurring naturally.

CONCLUSIONS:

1. There is no error on the applicant's DD Form 214 with regard to her military schooling. Her Medical Field Service School training is accurately reflected in item 30. Item 31 records different information and merely reflects that she had no additional training.

2. The entry "Incomplete Abortion" in item 38 of the applicant's DD Form 214 is not technically incorrect although it appears that "Spontaneous, Incomplete Abortion" would have been a more accurate entry. However, the Board understands how the word "abortion" might be prejudicial or hurtful to the applicant and believes it would be appropriate to amend her DD Form 214, item 38 to delete that entry and to enter instead "Pregnancy (Miscarriage)."

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant's DD Form 214, item 38 be amended to delete the entry "Incomplete Abortion" and to add the entry "Pregnancy (Miscarriage)."

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__JHL__ __MVT__ ___RTD__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___JoAnn H. Langston _
                  CHAIRPERSON



INDEX

CASE ID AR2002077182
SUFFIX
RECON
DATE BOARDED 2002/10/17
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.



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