IN THE CASE OF:	 

		BOARD DATE:	  29 January 2009

		DOCKET NUMBER:  AR20080012013 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of the Board's denial of her previous request for change of the authority and narrative reason for her separation, from Army Regulation 635-200 (Personnel Separations), Chapter 8 (Pregnancy) to Chapter 6 (Hardship).

2.  The applicant states, in effect, that while she was separated due to pregnancy, she was also being treated for shoulder pain.  She states that she was suffering at the time with a tumor called Syringomylia on her lower neck which resulted in nerve damage to her shoulder and arms.  She states, in effect, that her depressed mental state at the time which was complicated by her pregnancy and the misdiagnosis of her physical condition caused her to accept the chapter 8 separation.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), third-party statements, and a printout of Syringomyelia related information from the Internet. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006912, on 15 July 2008.


2.  The applicant's records show she enlisted in the Regular Army on 
30 September 1999.  She completed basic combat and advanced individual training and was awarded the military occupational specialty of light wheeled vehicle mechanic.  The highest rank she attained while serving on active duty was private/pay grade E-2.
 
3.  The applicant was assigned to an Army Reserve troop program unit on two occasions following release from active duty for an undetermined period of time until she was discharged on 27 February 2006.

4.  In its first consideration of this case, the Board concluded that evidence of record showed a properly constituted DD Form 214 that confirmed the applicant was released from active duty on 12 May 2000 under the provisions of Army Regulation 635-200, Chapter 8 for pregnancy with an honorable characterization of service.  To be separated under these provisions, the applicant would have undergone extensive counseling on her options and entitlements.  As such, the Board concluded that the applicant had been properly released from active duty and there was no basis to change the authority or narrative reason for the applicant's release from active duty.

5.  The documents provided by the applicant are new evidence, which requires that the Board reconsider her request.

6.  There are no medical records or other documents (including the letters provided by the applicant with this application) that indicate she was suffering from a disabling medical condition that rendered her unfit for further military service or that supported separation proceedings through medical or hardship avenues at the time of her release from active duty.

7.  Army Regulation 635-200 (Personnel Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 8 of that regulation provided, in pertinent part, that if an enlisted woman is pregnant, she will be counseled by the unit commander using the pregnancy counseling checklist.  The unit commander will explain that the purpose of the counseling is to provide information concerning options, entitlements, and responsibilities and that the Soldier may upon request, be separated per this chapter or remain on active duty.  It also states in pertinent part that the Soldier will sign part one of the Statement of Counseling and be granted at least 7 days to consider the options available.  She will indicate her election by completing part two of the Statement of Counseling.


8.  Chapter 6 of Army Regulation 635-200 governs separation because of dependency or hardship.  Paragraph 6-3 of Army Regulation 635-200 states that Soldiers of the Active Army and the Reserve Components serving on active duty or active duty for training may be discharged or released because of genuine dependency or hardship.  The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier's (or spouse's) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.  Under this provision for hardship discharge, parenthood of married service women and sole parenthood are the two conditions under which separation may be granted.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of any medical conditions the applicant was being treated for while serving on active duty that rendered her unfit for continued service.  To the contrary, the applicant continued service by joining a U.S. Army Reserve unit subsequent to her release from active duty service.

2.  The applicant has provided no evidence indicating she qualified for or pursued release or discharge from active duty for hardship reasons.

3.  Absent evidence to the contrary, it is concluded the applicant's separation processing was conducted in accordance with the applicable regulation.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Therefore, there is no basis to change the authority or narrative reason for her separation. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X__  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of the ABCMR set forth in Docket Number AR20080006912, dated 15 July 2008.




      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080012013



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ABCMR Record of Proceedings (cont)                                         AR20080012013



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