RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060009371


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Peter B. Fisher               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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, in effect, that her discharge characterized as
Entry Level Status (ELS) be change to honorable.

2.  The applicant states, in effect, that she felt that she was taking an
honorable position in becoming an enlisted Soldier.  Her duties, she
states, were elsewhere which caused her to depart her position of duty.
She was stationed at Fort Jackson, South Carolina, where she was released
from the Army in 1984.  Her erroneous discharge has troubled her since this
time.  It has driven her to seek the meaning of the word erroneous, which
means error or mistake.  She states that there was no error or mistake on
her part, or in her mind, and that she was unable to return to active duty
due to family obligations.

3.  Upon arriving home, she discovered that her father was not in good
health.  Her father suffered a heart attack prior to her arrival.  She was
the only one residing with him at that time.  She had to care for him
around the clock.  He later died in December 1993.  She is presently
married and is a school bus driver.  She elaborated on her family history.
She concluded by stating that she wants the Army to look over her discharge
as one of honor and not as one being a mistake.

4.  The applicant provides no additional documentation in support of her
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 July 1984, the date of her discharge.  The application
submitted in this case is dated 22 June 2006.

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.  On 12 March 1984, the applicant was administered a medical examination
for the purpose of her enlistment.  She was found qualified for enlistment
with a 111111 physical profile.  She was diagnosed as having several body
marks.  Her report of medical history indicated that she was in good
health.

4.  The evidence shows she enlisted in the US Army Reserve on 10 April
1984. The applicant's record shows she enlisted in the Regular Army on
17 May 1984, for training as a motor transport operator, in military
occupational specialty (MOS), 64C, for 3 years, with an established
expiration of term of service (ETS) of 16 May 1987.  She was assigned to
Company A, 5th Battalion, 1st Basic Combat Training (BCT) Brigade, to
attend basic combat training and advanced individual training at Fort
Jackson, South Carolina.

5.  On 11 June 1984, a DA Form 3349 (Physical Profile Board Proceedings)
was prepared on the applicant which shows that she was pregnant with an
estimated delivery date of 5 February 1985.  It indicated that she would be
unable to meet the physical requirements of basic training (BT).

6.  On 15 June 1984, the applicant was counseled by her platoon sergeant,
first sergeant, and commander regarding her condition.  She was informed
that due to the fact that she was pregnant prior to her entry in the Army
and the test results showing positive, she would be unable to successfully
complete basic training.  They recommended that she be discharged.

7.  On that same day, she elected not to undergo a medical examination for
separation under the provisions of Army Regulation 635-200, chapter 7,
paragraph 7-15.

8.  On 15 June 1984, the applicant’s commander notified her that he was
initiating action to separate her from the service under the provisions of
Army Regulation 635-200, chapter 7, paragraph 7-15, for erroneous
enlistment, EPTS (existing prior to service) pregnancy.  He cited as the
basis for his recommendation that the applicant's pregnancy did not show up
at the MEPS (Military Entrance Processing Station), but did once the
applicant arrived at her BT unit.  She was informed that her proposed
separation action could result in discharge, release from active duty to a
Reserve Component, or release from custody and control of the Army.  The
least favorable characterization of service that she could receive was
under honorable conditions.  If in an ELS status (less than 180 days of
continuous active duty) her service would be uncharacterized.

9.  After consulting with counsel, the applicant waived her rights and
elected not to submit a statement in her own behalf.
10.  The separation authority approved the recommendation for the
applicant's elimination from the service before her ETS for erroneous
enlistment, EPTS, pregnancy.  The applicant was discharged on 10 July 1984.
 She had a total of 1 month and 24 days of creditable service.

11.  Army Regulation 635-200 (Personnel Separations) sets forth the basic
authority for the separation of enlisted personnel.  Chapter 7 pertains to
erroneous enlistments, re-enlistments, or extensions.  Paragraph 7-15, of
that regulation provides, in pertinent part, that a Soldier may be
separated on the basis of an erroneous enlistment, induction, or extension
of enlistment.  An enlistment, induction, or extension of enlistment is
erroneous if:  "(1) It would not have occurred had the relevant facts been
known by the Government or had appropriate directives been followed; (2) It
was not the result of fraudulent conduct on the part of the Soldier; and
(3) The defect is unchanged in material respects."   This paragraph also
provides, in pertinent part, that the Soldier may be provided options
regarding retention or separation.

12.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

13.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.  Whenever there is doubt, it is to be resolved in favor of
the individual.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was found medically qualified for
entry in the Army on 12 March 1984.  She enlisted in the Reserve on
10 April 1984 and in the Regular Army on 17 May 1984.




2.  During basic training, the applicant's command discovered that she was
pregnant with an estimated delivery date of 3 February 1985.  She was
counseled by her command regarding her condition.  She was informed that
due to the fact that she was pregnant prior to her entry in the Army and
the test results showing positive, she would be unable to successfully
complete basic training.  Her chain of command recommended she be
discharge.

3.  Separation proceeding were prepared on the applicant.  Her commander
cited as the basis for his recommendation that the pregnancy did not show
at the MEPS, but did once she arrived at her BT unit.  She was approved for
discharge under the provisions of Army Regulation 635-200, chapter 7,
paragraph 7-15, for erroneous enlistment, EPTS, pregnancy.  She was
discharged on 10 July 1984, with the characterization of her service
characterized as, ELS.

4.  The applicant's contentions were noted; however, the evidence of record
shows she was discharged due to her pregnancy.  There is no evidence or
indication she consulted with members of the chain of command about her
concerns for her father and his health.  Her current contentions do not
support an upgrade of her discharge.

5.  The applicant has provided insufficient evidence to show that her
discharge was unjust.  She also has not provided evidence sufficient to
mitigate the character of her discharge.

6.  In order to justify correction of a military record, the applicant must
show, to the satisfaction of the Board, or it must otherwise appear, that
the record is in error or unjust.  The applicant has failed to submit
evidence that would satisfy this requirement.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 July 1984; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 July 1987.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PBF __  __JCR___  _TMR___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____   Peter B. Fisher______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009371                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |ELS                                     |
|DATE OF DISCHARGE       |19840710                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 7                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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