RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 OCTOBER 2005
      DOCKET NUMBER:  AR20050001243


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. LaVerne Berry                 |     |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 record be corrected to show that she
was discharged because of a hardship on 19 June 1987.

2.  The applicant states the reason for her discharge on her DD Form 214
(Certificate of Release or Discharge from Active Duty) is not correct.  She
was pregnant at the time; however, that was not the reason she got out of
the Army.  Her mother passed away on 16 June 1987 because of cancer.  Her
first sergeant received a call from the Red Cross, and since she had no
brothers or sisters, it was a difficult time for her.  Her first sergeant
told her that she would qualify for a hardship discharge, but she never
gave it a thought, until she went to a Department of Veterans Affairs (VA)
hospital to sign up for benefits, and was told that she did not qualify
because she did not finish her two-year term of enlistment. If her mother
had not passed away, she would not have gotten out of the Army.  She is 19
days short of the 24 months she needs in order to receive VA benefits.

3.  The applicant provides a copy of her DD Form 214, a copy of her
daughter’s birth certificate, and a copy of her mother’s death certificate.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 June 1987.  The application submitted in this case is
dated        18 January 2005.

2.  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.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for 4 years on 9 July 1985,
completed training, and served a tour of duty in Korea.  In February 1987
she was assigned to Fort Sill, Oklahoma.

4.  A 29 May 1987 medical statement indicates that the applicant was
pregnant with an expected date of confinement of 13 December 1987.
5.  On 16 June 1987 the applicant requested that she be discharged because
of pregnancy with a discharge date of 16 June 1987.  Her request was
approved on that same date.  She was released from active duty on 19 June
1987.  The applicant had 1 year, 11 months, and 11 days of active service.

6.  Army Regulation 636-200, chapter 8, provides for the voluntary
separation of enlisted women because of pregnancy, and states in pertinent
part, that an enlisted woman may request a specific separation date;
however, the separation authority and her military physician will determine
the separation date.  The date must not be later than 30 days before
expected date of delivery.

7.  Chapter 6 of the above-mentioned regulation provides for discharge of
Soldiers because of hardship, and states in pertinent part that a hardship
exists when in circumstances not involving death or disability of a member
of the Soldier’s immediate family, separation from the service will
materially affect the care or support of the family by alleviating undue
and genuine hardship.

8.  Army Regulation 600-8-10 provides for excess leave and states in
pertinent part that excess leave is a nonchargeable absence granted for
emergencies or unusual circumstances.  Excess leave is without pay and
allowances.

9.  Army Regulation 635-5 provides instructions for the preparation of the
         DD Form 214 and states in pertinent part that for a Soldier who
has excess leave status, the remarks section of DD Form 214 will contain
the entry, “excess leave (creditable for all purposes except pay and
allowances),” and the total number of days and inclusive dates of time
spent in an excess leave status.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant voluntarily requested discharge
because of her pregnancy.  Her request was approved.  Notwithstanding the
applicant’s contention, the reason for her discharge is correct.  There is
no error.
2.  The applicant’s contention that she would have remained in the Army if
her mother had not passed away is noted.  The fact that she requested
discharge for pregnancy on 16 June 1987, with a discharge date of 16 June
1987, the same date of her mother’s death lends credence to her assertion
that she at least believed that she had a hardship, and could only resolve
the matter by a discharge from the service.  Whether or not an actual
hardship existed cannot be determined; nonetheless, the applicant’s
contention in this respect is moot.  She requested a discharge for
pregnancy.  It was granted.  Consequently, her request to correct her DD
Form 214 to show that she was discharged because of a hardship is not
granted.

3.  Nevertheless, had she known that she would not have received benefits
subsequent to her release from active duty, because she was 19 days short
of VA eligibility requirements, in all probability she would have opted to
remain on active duty for those 19 days, requesting that she be discharged
on 8 July 1987, vice the 16 June 1987 date that she requested.

4.  Thus, as a matter of equity, and in all fairness to her, it would be
appropriate to correct her DD Form 214 to show that she was in an excess
leave status from 20 June 1987 to 8 July 1987, and that she was released
from active duty on        8 July 1987 with 2 years of active service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CG___  ___RD __  __LB  ___  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 and to excuse failure to timely
file.  As a result, the Board recommends that the applicant’s 19 June 1987
DD Form 214 be corrected to show that all Department of the Army records of
the individual concerned be corrected by showing that she was in an excess
leave status from 20 June 1987 to 8 July 1987, and that she was released
from active duty on       8 July 1987 with 2 years of active service.

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
correcting her record to show that she was discharged because of a
hardship.




                            _____Curtis Greenway________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001243                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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