IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110016031
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 item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "medical" vice "pregnancy."
2. The applicant states:
a. She was assigned to a postal unit in Germany and was 4 months pregnant in 1986 when she felt sick and went to see a doctor. She went to work, her water broke, and she was sent by ambulance to a military hospital. She was given medication to induce labor and the fetus was stillborn. She stayed in the hospital 3 weeks and was very depressed. She asked for a discharge and it was granted 2 weeks later. She wants the narrative reason for separation changed, as she had a stillbirth prior to separation and was no longer pregnant.
b. She has been hospitalized for depression, schizophrenia, and addiction and cannot use the Department of Veterans Affairs (VA) hospital because she did not complete 2 years of service. She is currently receiving psychiatric services at a hospital in Baltimore, MD.
3. The applicant provides her DD Form 214.
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's records show she enlisted in the Regular Army on 16 May 1985 and held military occupational specialty 71L (Administrative Specialist). She was assigned to the 61st Postal Detachment, Germany, on 22 January 1986.
3. The specific facts and circumstances surrounding her separation processing are not available for review with this case. However, the DD Form 214 she was issued shows she was honorably released from active duty on 18 December 1986 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 8, by reason of "pregnancy." She completed 1 year, 10 months, and 7 days of creditable active service.
4. Army Regulation 635-200, chapter 8, in effect at the time, allowed for the voluntary early separation of enlisted Soldiers because of pregnancy. In pertinent part, it stated the pregnancy diagnosis would be certified by a military physician. When pregnancy was the only medical condition upon which separation was based, separation would be accomplished without a medical evaluation board (MEB) or physical evaluation board (PEB). In circumstances of an abnormal pregnancy course, when a Soldier carried a pregnancy for 16 weeks or more, but then had an abortion, miscarriage, or an immature or premature delivery before separation was accomplished, the Soldier would have the option to be retained or separated per this chapter.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of the specific facts and circumstances surrounding her release from active duty. However, her DD Form 214 shows she was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 8, by reason of a pregnancy. Releases from active duty under the provisions of Army Regulation 635-200, chapter 8, are voluntary requests for
separation. Separations under this provision are allowed for the convenience of the Soldier.
2. In accordance with applicable regulations, when pregnancy was the only medical condition upon which separation was based, the separation would be accomplished without an MEB/PEB. If the Soldier carried a pregnancy for more than16 weeks and then had an abortion, miscarriage, or an immature or premature delivery, the Soldier had the option to be retained or separated per Army Regulation 635-200, chapter 8.
3. In the absence of evidence to the contrary, it is presumed her separation processing was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights. It appears her narrative reason for separation was correctly assigned based on her separation under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy.
4. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for VA or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his or her military records.
5. In view of the foregoing, there is insufficient evidence to grant 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) AR20110016031
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110016031
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140008005
The applicant states: * her reason for separation is incorrect * her DD Form 214 shows the separation authority as chapter 8 and the narrative reason as pregnancy * it was a hardship discharge * she had an emergency delivery of her son on 7 October 1995 * her son died on 23 October 1995 after disconnecting life support * she could not return to active duty and was discharged for hardship * she was not pregnant on 15 December 1995 * she realizes it has been 19 years, but this is the first...
ARMY | BCMR | CY2009 | 20090004068
IN THE CASE OF: BOARD DATE: 6 August 2009 DOCKET NUMBER: AR20090004068 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's request for separation based on pregnancy was not initiated until 17 October 2007, 5 full weeks after her son's birth. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing on her DD Form 214 her narrative reason for her separation as dependency; b. showing the authority for her...
ARMY | BCMR | CY2002 | 2002077182C070215
The applicant requests that her Report of Separation, DD Form 214, be corrected to show she completed the Medical Field Service School and to change "abortion" to a better medical term. Item 30 of the DD Form 214 would contain all service schools, including dates and major course, successfully completed. The entry "Incomplete Abortion" in item 38 of the applicant's DD Form 214 is not technically incorrect although it appears that "Spontaneous, Incomplete Abortion" would have been a more...
ARMY | BCMR | CY2013 | 20130020248
The applicant requests, in effect, correction of item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show something other than pregnancy. Her commander stated she had the option to elect to remain on active duty or she could elect to be separated under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 8, by reason of pregnancy. The evidence of record confirms the applicant...
ARMY | BCMR | CY2011 | 20110000203
The medical records that the applicant provided show that she had an abortion in early August 1970 at 3 months of gestation. Accordingly, on 9 October 1970, she was honorably discharged under the provisions of Army Regulation 635-200, chapter 8 due to pregnancy and assigned SPN 221 based on her reason and authority for discharge. The regulation in effect at the time provided for the separation of enlisted women for pregnancy who were at the time or had been pregnant during their current...
ARMY | BCMR | CY2004 | 20040007076C070208
On 19 June 1981, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations). Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. The applicant presented medical evidence that shows she was treated for a miscarriage at a military medical facility after she had been given two Article 15s.
ARMY | BCMR | CY2013 | 20130011372
Army Regulation 635-200 provides for the separation of enlisted personnel. The SPD code MDF is the correct code for Soldiers voluntarily separating under Army Regulation 635-200, chapter 8, by reason of pregnancy or childbirth and SPD code MDB is the correct code for Soldier's voluntarily separating under Army Regulation 635-200, chapter 6, by reason of hardship. The evidence of record shows the applicant became pregnant and underwent pregnancy counseling as required by the applicable regulation.
ARMY | BCMR | CY2010 | 20100018764
She states that in March 2010 she discovered that the discharge she was given from the military was involuntary because she was not told that she had a choice to remain in the Army. On 21 July 1986, her commander provided her a DA Form 2496 (Disposition Form) requesting her election to either separate for reason of pregnancy per Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 8 (Separation of Enlisted Women - Pregnancy) or to remain on active duty to fulfill...
ARMY | BCMR | CY2009 | 20090009141
On 23 July 2008, the applicant requested separation under the provisions of paragraph 8-1 of Army Regulation 635-200, by reason of pregnancy. 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. The evidence of record shows that the applicant became...
ARMY | BCMR | CY2009 | 20090015119
On 6 January 2009, she requested separation under the provisions of Army Regulation 635-200, paragraph 8-1, by reason of pregnancy with a desired separation date of 1 April 2009. She may request a specific separation date; however, the separation authority and her military physician will determine the separation date. With respect to medical disability, the evidence of record shows she suffered some illnesses during her military service and was seen by medical personnel.