IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120019506
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 narrative reason for separation be changed to hardship.
2. The applicant states she was discharged due to complication of pregnancy and her constant placement on bed rest. She was told that her discharge was considered a hardship discharge but her DD Form 214 ( Certificate of Release or Discharge from Active Duty) does not show this.
3. The applicant provides copies of her DD Form 214 and her Ready Reserve discharge order.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served on active duty in the Regular Army as a Chapel Activities Specialist from 18 June 1984 through 13 June 1985, a period of 11 months and 26 days.
3. The applicant's available service medical records do not contain any documentation of any complications from her pregnancy.
4. The applicant requested and was granted separation due to pregnancy.
5. The applicant's DD Form 214 shows she was honorably relieved from active duty and transferred the U.S. Army Reserve Control Group (Annual Training) in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 8 with a narrative reason for separation of pregnancy.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It provides at:
a. Chapter 6, for discharge or release because of genuine dependency or hardship. Hardship is defined as 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.
(1) Parenthood of married Soldiers. A married Soldier who becomes a parent by birth, adoption, or marriage (stepparent) and whose child (or children) is less than 18 years of age and resides 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 the Soldier cannot fulfill his/her military obligation without neglecting the child or children.
(2) Sole parents. Soldiers who are sole parents and whose children are under 18 years of age and 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 who is divorced or legally separated and has been awarded child custody by judicial decree or court order, or who is a widow/widower.
b. Chapter 8 establishes policy and procedures and provides authority for separation of enlisted women because of pregnancy.
DISCUSSION AND CONCLUSIONS:
1. While problems arising from parenthood may create a hardship warranting separation; pregnancy in and of itself is not a reason for a hardship separation. Separation for pregnancy is a voluntary act on the part of a pregnant woman and covered by different regulatory provisions from hardship separations.
2. By her own admission, the applicant was released from active duty due to her pregnancy.
3. The applicant has not provided and the record does not contain any evidence that her separation should have been under chapter 6 as a hardship separation.
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) AR20120019506
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ABCMR Record of Proceedings (cont) AR20120019506
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