RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 July 2005
DOCKET NUMBER: AR20040008598
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. William Powers | |Chairperson |
| |Mr. Larry Bergquist | |Member |
| |Mr. James Gunlicks | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that her discharge date from the U.S. Army
Reserve (USAR) be corrected to show 9 March 2000 instead of 8 January 2002.
2. The applicant states, in effect, that in March 2000 she received direct
orders from the operations noncommissioned officer not to attend/report to
any other required drill duties and to get out of the USAR due to her being
a split option Soldier that was not military occupational specialty
qualified with pregnancy complications. She complied with his orders and
submitted a request for discharge from the USAR on 19 March 2000. She
points out that after numerous and unsuccessful attempts to obtain her
discharge orders she received waiver forms in the mail in November/December
2001. She contends that she was instructed to initial on "I waive all my
rights" so that her discharge orders could be expedited and she did so.
She received her discharge orders in February 2002 with an effective date
of discharge of 8 January 2002. She further contends that her numerous
attempts to correct her discharge date to show 9 March 2000 were
unsuccessful. In addition, she incurred a Servicemember's Group Life
Insurance (SGLI) debt to the Department of Defense because she was covered
by SGLI, regardless of whether or not she was performing duty, until her
discharge from the USAR on 8 January 2002.
3. The applicant provides USAR discharge orders, dated 8 January 2002; a
request for discharge from the USAR, dated 19 March 2000; a notification of
pending discharge, dated 3 May 2000; documents pertaining to her pregnancy;
Leave and Earnings Statements; a letter, dated 17 April 2003, from the
Defense Finance and Accounting Service (DFAS) in Kansas City, Missouri;
letters, dated 7 May 2003 and 29 July 2004, from a Member of Congress; and
copies of her service personnel records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 12 February 1999 for a period of
8 years.
2. On 19 March 2000, the applicant submitted a request for discharge from
the USAR due to pregnancy.
3. Records at DFAS show the applicant performed her last drills in June
2000.
4. On 8 January 2002, the applicant was discharged from the USAR.
5. A DFAS letter, dated 17 April 2003, shows the applicant incurred a debt
of $390.81 to the Department of Defense for SGLI coverage which terminated
at the time she was separated in January 2002.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant submitted a request for discharge
from the USAR on 19 March 2000 due to pregnancy. Although the applicant
requests that her USAR discharge date be corrected to show 19 March 2000,
records at DFAS show she performed her last drills in June 2000.
Therefore, it would be equitable to correct her USAR discharge date to 1
July 2000.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
WP_____ LB_____ JG______ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief. As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending her discharge date from the USAR to 1
July 2000.
2. The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief. As a result,
the Board recommends denial of so much of the application that pertains to
changing her discharge date to 9 March 2000.
__William Powers______
CHAIRPERSON
INDEX
|CASE ID |AR20040008598 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050728 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |136.0100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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