IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001735
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 her records to show her characterization of service as honorable vice uncharacterized.
2. The applicant states she found out she was pregnant during basic training and although only a week remained before completion of basic training she was not given the opportunity to graduate.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 19 November 1986.
3. On 9 January 1987, it was determined that the applicant was pregnant and she was placed on a temporary (pregnancy) profile the following day.
4. She was removed from the training program due to her pregnancy and placed on administrative duty on 16 January 1987.
5. On 28 January 1987, her command initiated separation action under Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 11-3a for involuntary separation due to pregnancy.
6. The applicant acknowledged that her service would be described as "Entry Level Status" (uncharacterized). She waived her right to consult with counsel, to submit a statement in her own behalf, and to be afforded a medical examination.
7. The applicant was discharged on 3 February 1987 under Army Regulation 635-200, chapter 11. Her DD Form 214 shows she completed 2 months and 15 day of creditable active service, her character of service being entry level status.
8. Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Chapter 11 (Entry Level Performance and Conduct) provides that enlisted women who become pregnant while still in entry-level status will be involuntarily separated under this chapter when the training activity commander with separation authority, in conjunction with the medical officer (obstetrician), determines that they cannot fully participate in the required training for the MOS concerned because of their physical condition. If the Soldier is still in entry-level status, his or her service will be uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
2. At the time of separation, the applicant acknowledged that her separation would by an uncharacterized with an entry level separation.
3. The applicant has not provided and the record does not contain any evidence of an error or injustice in her characterization of service.
4. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request for an honorable discharge.
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) AR20140001735
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ABCMR Record of Proceedings (cont) AR20140001735
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