IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009141 


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 correction of the narrative reason for separation and related separation code from "pregnancy or childbirth" to "hardship."

2.  The applicant states that her early release from the Army was due to a very high risk pregnancy that she had which made her unable to perform work.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 22 August 2008, and copies of various chronological records of medical care, including doctor notes, medical records, charts, and urgent care records, dated on various dates in 2008, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Regular Army for a period of 3 years on 16 January 2007.  She completed basic combat and advanced individual training and was awarded military occupational specialty 88M (Motor Transport Operator).  The highest rank/grade he attained during this period of military service was private first class/E-3.  She was assigned to the 359th Transportation Company, Fort Eustis, VA.

2.  On 16 June 2008, the applicant was issued a temporary physical profile for pregnancy.  The profiling officer indicated that her expected delivery date was on or about 17 January 2009.

3.  On 20 June 2008, the applicant underwent pregnancy counseling by her unit first sergeant concerning the decisions she would have had to make in connection with her pregnancy, to include retention or separation, maternity care, leave, maternity clothing and uniform, and housing allowance and Government quarter.  During the counseling session, she indicated that she desired separation for reason of pregnancy per chapter 8 of Army Regulation 635-200 (Personnel Separations) and that there was no coercion on the part of the counselor influencing her decision.

4.  On 23 July 2008, the applicant requested separation under the provisions of paragraph 8-1 of Army Regulation 635-200, by reason of pregnancy.  She indicated that if her request for separation was approved, it would have been for her own convenience.  

5.  On 23 and 30 July 2008, the applicant's immediate and intermediate commanders recommended approval of her separation.

6.  On 30 July 2008, the separation authority approved the applicant’s separation under the provisions of chapter 8 of Army Regulation 635-200, by reason of pregnancy and directed her service be characterized as honorable.  Accordingly, the applicant was discharged on 22 August 2008.  The DD Form 214 she was issued confirms she was discharged under the provisions of chapter 8 of Army Regulation 635-200 with a narrative reason of separation as "pregnancy or childbirth" and a separation code of "MDF."  This form further confirms she completed a total of 1 year, 7 months, and 7 days of creditable military service.

7.  The applicant submitted various chronological records of medical care, including doctor notes, medical records, charts, and urgent care records, dated on various dates in 2008, that essentially show she was pregnant and made inpatient and outpatient visits to her doctor(s) regarding her pregnancy.  

8.  Army Regulation 635-200 provides for the separation of enlisted personnel as follows:

	a.  Chapter 8 establishes policy and procedures and provides authority for voluntary separation of enlisted women because of pregnancy.  The unit commander will direct an enlisted woman who believes that she is pregnant, or whose physical condition indicates that she might be pregnant, to report for diagnosis by a physician at the servicing Armed Forces medical treatment facility. When service medical authorities determine that an enlisted woman is pregnant, she will be counseled and assisted as required by chapter 8.  Examination for pregnancy will be conducted as a complete medical examination.  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 remain on active duty or upon request, be separated per this chapter.  She 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 the expected date of delivery or the latest date her military physician will authorize her to travel to her home of record or entry on duty destination, whichever is earlier. The separation authority will approve the request according to this chapter.  An honorable discharge was normally appropriate for separation under this paragraph; 

	b.  Chapter 6 governs separation because of dependency or hardship.  It states that a hardship exists when in circumstances not involving death or disability of a member of the 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.  Paragraph 6-3b(1) provides that a married Soldier who becomes a parent by birth, adoption or marriage (stepparent), and whose child (or children) under 18 years of age reside within the household, may apply for separation under hardship.  The Soldier must submit evidence that the roles of parent and Soldier are incompatible and that they cannot fulfill their military obligation without neglecting the child or children.  Paragraph 6-3b(2) provides that Soldiers who are sole parents, and whose children under 18 years of age reside within the household, may apply for separation under hardship.  A “sole parent” is defined as a parent who is single by reason of never having been married, or is divorced or legally separated and has been awarded child custody by judicial decree or court order, or is a widow or widower.

9.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the separation program designator (SPD) codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of the Department of Defense and the Military Services to assist in the collection and analysis of separation data.  The "MDF" SPD code is the correct code for Soldiers separating (voluntary) under chapter 8 of Army Regulation 635-200 by reason of pregnancy or childbirth and the SPD "MDB" is the correct code for Soldier's separating (voluntary) under chapter 6 of Army Regulation 635-200 by reason of hardship.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for her separation and corresponding SPD code should show "hardship" instead of "pregnancy or childbirth."

2.  The evidence of record shows that the applicant became pregnant and as required by applicable regulation underwent pregnancy counseling.  She voluntarily elected separation from the Army and indicated that during the counseling session, there was no coercion on the part of the counselor influencing her decision.  Her chain of command supported her decision and her separation was ultimately approved.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  There does not appear to be an error or an injustice.

3.  The applicant's narrative reason for separation and corresponding SPD code were assigned based on the fact that she voluntarily requested separation for pregnancy.  Absent the pregnancy, there was no fundamental reason to process the applicant's voluntary request for separation.  The underlying reason for her release from active duty was her pregnancy.  The only valid narrative reason for separation permitted under that paragraph is "Pregnancy or Childbirth" and the corresponding SPD code is "MDF." 

4.  There is no evidence in the applicant’s records and the applicant did not provide substantiating evidence that shows she was undergoing a family hardship or that she reported such hardship to her chain of command or solicited help from the support channels available at her installation.  Furthermore, there is no evidence that the applicant voluntarily requested separation for hardship. 

5.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, there is no basis to grant her the requested relief.

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 for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20090009141





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ABCMR Record of Proceedings (cont)                                         AR20090009141



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