BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100016434
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, in effect, that her narrative reason for separation be changed to show she was discharged due to hardship.
2. The applicant states she signed a medical hardship discharge in order to move up her discharge date. She states she did so to give herself time to find a care taker for her unborn child.
3. The applicant provides no additional documentation.
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. On 15 November 1990, the applicant enlisted in the Regular Army for 4 years. She completed training as an ammunition specialist.
3. The applicant underwent pregnancy counseling on 6 November 1991. During counseling she was informed of the options available to her and she elected separation for reasons of pregnancy per Army Regulation 635-200 (Personnel Separations), chapter 8. She indicated that she had a desire to remain on active duty until 1 May 1992.
4. On 14 November 1991, the applicant submitted a DA Form 4187 (Personnel Action) requesting to be released from active duty (REFRAD) in accordance with Army Regulation 635-200, chapter 8, paragraph 8-9, effective 1 May 1992. She indicated that she was attaching a copy of her pregnancy counseling along with her request.
5. The applicant's request for REFRAD was approved on 25 November 1991. Therefore, she was honorably REFRAD on 1 May 1992, under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy. She was transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve). She had completed 1 year, 5 months, and 17 days of net active service this period.
6. A review of the applicant's records does not reveal evidence that the applicant ever applied for and/or signed a hardship discharge prior to her REFRAD on 1 May 1992.
7. Further review of her records does not reveal that she applied to the Army Discharge Review Board for a change to her narrative reason for separation.
8. Army Regulation 635-200, 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 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.
9. 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. The applicant's contentions have been considered. However, they are unsupported by the evidence of record. The evidence of record shows that she requested and was granted a REFRAD due to pregnancy.
2. She has provided no evidence indicating she qualified for or pursued REFRAD or discharge 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 her narrative reason for her separation and she is not entitled to 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) AR20100016434
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ABCMR Record of Proceedings (cont) AR20100016434
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