IN THE CASE OF:
BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018022
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 that the following corrections be made to her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):
* Change her blood group from O to O- (negative)
* Change her narrative reason and authority for discharge "SEC III CH8 AR635-200 pregnancy"
2. The applicant states pregnant women are now allowed to serve in an active military status.
3. The applicant provides a copy of her DD Form 214 and her Record of Donations in support of her application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army, Womens Army Corps on 22 September 1969 for a period of three years.
3. Her service record contains a 6 October 1969 letter from the Blood Donor Center, Fort McClellan, AL which indicates her blood group and type as O-.
4. Her Record of Donations shows her blood type and blood group as O-.
5. On 23 June 1970, the applicant was seen in the U.S. McAfee Army Hospital and was found to be pregnant.
6. The applicants company commander requested the applicant be discharged under the provisions of Army Regulation 635-200, chapter 8, section III by reason of pregnancy.
7. The separation authority approved separation under the provisions of Army Regulation 635-200, paragraph 8-8, section III by reason of pregnancy with the issuance of an honorable discharge.
8. She was discharged from active duty on 31 July 1970 under the provisions of Army Regulation 635-200, chapter 8, section III by reason of pregnancy.
9. Item 30 (Remarks) on her DD Form 214 shows her blood group as O. The Rh [Rhesus] factor (negative or positive) is not indicated.
10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 8 of the version in effect at the time covered separation based on pregnancy. Section III, paragraph 8-8 stated the discharge would be accomplished at the earliest practicable date when:
a. It had been determined by a medical officer that an enlisted woman was pregnant.
b. It had been determined by a medical officer that an enlisted woman had been pregnant at any time during the present enlistment.
c. The enlisted woman gave birth to a child during present enlistment.
11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version of this regulation in effect at the time directs that the service members "blood group" from the Immunization Record or the DA Form 20 (Enlisted Qualification Record) will be entered in item 30 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 currently reflects her blood group as O. The regulation applicable at the time directed that only the members blood group would be recorded in item 30 of the DD Form 214, not the Rh factor (negative or positive). Therefore, there is no basis for changing her blood group on her DD Form 214.
2. The applicant's contention regarding pregnant women currently being allowed to serve in an active duty status has been considered. However, the available evidence does not indicate the applicant's administrative discharge under the provisions of Army Regulation 635-200, chapter 8, section III for pregnancy was in error or unjust.
3. The evidence of record shows the applicant was found to be pregnant in June 1970. As a result, she was separated from active duty in accordance with the law and regulations applicable at the time. Therefore, her DD Form 214 properly reflects her narrative reason and authority for discharge.
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.
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