IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100019309
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 her general discharge be upgraded to a fully honorable discharge.
2. The applicant states that she was discharged because of pregnancy and marriage. However, her daughter informed her prior to her departure to Iraq that the Army no longer has such a policy. Accordingly, her discharge should be upgraded.
3. The applicant provides a copy of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 Womens Army Corps (WAC) in Indianapolis, Indiana on 20 June 1961 for a period of 3 years. She completed her basic training at Fort McClellan, Alabama and her advanced individual training in military occupational specialty 723.10 (Communication Center Specialist) at Fort Gordon, Georgia before being transferred to Fort Ritchie, Maryland for her initial assignment on 21 November 1961.
3. On 25 April 1962, she was convicted by a summary court-martial for taking WAC clothing belonging to another Soldier. Her sentence consisted of a forfeiture of pay.
4. On 4 August 1962, she was transferred to Fort Belvoir, Virginia for duty as a clerk typist. Her security clearance was revoked because of her court-martial conviction.
5. The available records show that in February 1963 the applicants commander initiated action to discharge her from the service under the provisions of Army Regulation 635-209 for unsuitability. However, in April 1963 the applicant became pregnant and the recommendation for discharge was changed to show she was recommended for discharge due to pregnancy under the provisions of Army Regulation 635-210, paragraph 6, section III with a General Discharge Certificate. The commander deemed her conduct as unsatisfactory and her efficiency as fair.
6. On 9 April 1963, the appropriate authority approved the recommendation for discharge and directed that the applicant be issued a General Discharge Certificate.
7. Accordingly, she was discharged on 19 April 1963 under the provisions of Army Regulation 635-210 for pregnancy with a General Discharge Certificate. She had completed 1 year and 10 months of active service.
8. Army Regulation 635-210 (Discharge of Enlisted Personnel, Marriage, Pregnancy, or Parenthood) in effect at the time provided, in pertinent part, that an honorable or general discharge would be issued based on an overall review of the individuals service records and a recommendation from the commander.
9. Army Regulation 635-200 (Enlisted Separations), chapter 8, serves as the current authority for the separation of enlisted female Soldiers for pregnancy. It also provides that an honorable or general discharge may be issued.
10. 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.
11. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and found to lack merit. The applicant was properly discharged in accordance with the regulations in effect at the time and it appears that her service was properly characterized.
2. The applicant was pending separation due to unsuitability at the time she became pregnant and the commander elected to discharge her for pregnancy instead of unsuitability.
3. Therefore, in the absence of evidence to show that she was not properly discharged in accordance with the regulations in effect at the time based on her overall service record, there appears to be no basis to grant her request.
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) AR20100019309
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ABCMR Record of Proceedings (cont) AR20100019309
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