BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130002941 


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 to change the narrative reason for her separation from "Pregnancy Discharge - Overseas Separation" to "Hardship."

2.  The applicant states she is in need of health services, is homeless, and needs the correction in order to receive veterans' benefits.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 215 (Correction to 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 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 enlisted in the Regular Army on 2 February 1987.  She completed her initial entry training, was awarded military occupational specialty 76Y (Unit Supply Specialist), and was assigned to Company B, 503rd Support Battalion, Germany.

3.  Her records contain a Statement of Pregnancy, issued by Headquarters, 733rd Medical Detachment, dated 30 December 1987, which shows she was found to be pregnant based on clinical and laboratory findings.

4.  The complete facts and circumstances surrounding the applicant's separation were not available to the Board; however, the applicant's record contains Orders 118-6, issued by the 369th Personnel Service Company, dated 8 June 1988, which show she received an approved overseas separation and an approved chapter 8 (Separation of Enlisted Women for Pregnancy) discharge effective 15 June 1988.

5.  Accordingly, the applicant was discharged from active duty.  She was issued a DD Form 214 confirming she was discharged on 15 June 1988.  

6.  Her DD Form 214 contains the following pertinent entries:

   a.  Item 9 (Command to Which Transferred) "U.S. Army Reserve Control Group, Army Reserve Personnel Center,"	

   b.  item 23 (Type of Separation) "Discharge from Active Duty,"

	c.  item 25 (Separation Authority) "Chapter 8, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel),"

	d.  item 26 (Separation Code) "KDF,"

	e.  item 27 (Reenlistment Code) "RE 1," and

	f.  item 28 (Narrative Reason for Separation) "Pregnancy Discharge - Overseas Separation."

7.  The applicant provides and her record contains a DD Form 215 which shows her type of separation was corrected to "Relief from Active Duty."

8.  References:

   a.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.  Paragraph 6-1 states separation under this chapter is for the convenience of the Government.

   b.  Army Regulation 635-200, paragraph 6-3, states Soldiers of the Active Army and the Reserve Components 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.

   c.  Army Regulation 635-200, paragraph 6-3b(1), states 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 or her military obligation without neglecting the child or children.
	
   d.  Army Regulation 635-200, chapter 8, establishes the policy and procedures for the voluntary separation of enlisted women because of pregnancy.  A pregnant Soldier will be counseled by her unit commander who will use a pregnancy counseling checklist to inform her of her options, entitlements, and responsibilities.  The Soldier will be counseled that she may voluntarily request separation, that her discharge will be characterized as honorable or under honorable conditions, and will be advised of the specific factors within her service record warranting this type discharge characterization.

	e.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

   f.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are used to provide a statistical accounting of the reasons for which active Army personnel are separated from active duty.  SPD codes are not intended to stigmatize an individual in any manner.  The reasons for separating Soldiers from active duty and their corresponding SPD codes will be entered on the Soldiers' DD Forms 214.  In pertinent part, the SPD code of "KDF" identifies Soldiers who are released from active duty under the provisions of Army Regulation 635-200, chapter 8, for pregnancy.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that her narrative reason for separation be changed from "Pregnancy Discharge - Overseas Separation" to "Hardship" has been carefully examined; however, there is insufficient evidence to effect relief.

2.  The complete facts and circumstances surrounding the applicant's separation are not available; however, based on the evidence of record, it is presumed the applicant voluntarily requested separation for pregnancy after her company commander had counseled her as to her rights and entitlements.  The separation approval authority subsequently approved her for an overseas separation.

3.  As she was separated prior to the expiration of her term of service due to her pregnancy, the only valid narrative reason under the provisions of chapter 8, Army Regulation 635-200 is pregnancy and the appropriate SPD code is "KDF."

4.  The ABCMR does not grant relief solely for the purpose of enabling a person to take advantage of veterans' benefits.  Additionally, eligibility for veterans' benefits do not fall within the purview of this Board.  Therefore, she should contact her servicing Department of Veterans Affairs (VA) office to determine her eligibility for VA benefits.

5.  The ABCMR began its consideration of her contentions with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice occurred.  In view of the foregoing, there is insufficient evidence for granting the applicant's 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)                                         AR20130002941





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ABCMR Record of Proceedings (cont)                                         AR20130002941



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