IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140013260 


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 her uncharacterized separation from the Regular Army (RA) be changed to an honorable separation.

2.  The applicant states, in effect, she received an honorable discharge upon completion of her military service obligation, and therefore, her DD Form 214 should also show her service was honorable.  She also states this change will help her to obtain veteran benefits she may be eligible for in the future.  

3.  The applicant provides the following evidence in support of her application:

* DD Form 214 (Certificate of Release or Discharge From Active Duty)
* DD Form 293 (Application For The Review of Discharge)
* DD Form 4 (Enlistment/Reenlistment Document)
* DA Form 2-1 (Personnel Qualification Record)

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.  On 28 January 1983, the applicant enlisted in the RA.   She did not complete Advanced Individual Training.

3.  On 4 May 1983, the applicant was seen at the United States Army Medical Department Activity, Fort Dix, NJ for a pregnancy test.  She was notified of the positive results.  

4.  On 11 May 1983, she received formal counseling and she voluntarily elected to separate from active duty service due to pregnancy pursuant to Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 8. 

5.  On 17 May 1983, she was notified by her commander that he was initiating action to effect her elimination from the Army prior to the expiration of her current term of service under the provisions of Army Regulation 635-200, chapter 11 (Trainee Discharge Program (TDP)), due to pregnancy.  He advised her that she would receive an entry level status/uncharacterized separation.

6.  Her commander advised her she had the right to:

* consult with military legal counsel or civilian counsel (at her own expense)
* submit statements in her own behalf
* obtain copies of the documents supporting her separation action that would be sent to the separation authority
* waive her rights in writing

7.  The applicant waived her rights and did not submit a statement in her own behalf.  She acknowledged she understood she would be ineligible to apply for enlistment in the Army for a period of 2 years after discharge.

8.  On 19 May 1983, the appropriate authority approved the applicant's separation under TDP.  On 25 May 1983, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR).  She completed 
3 months and 28 days of creditable active service this period.  Her DD Form 214 shows in:

* item 24 (Character of Service) – Uncharacterized
* item 28 (Narrative Reason for Separation) – Entry Level Status Performance and Conduct

9.  On 27 January 1989, she was honorably discharged from the USAR (Ready Reserve).

10.  Army Regulation 635-200, chapter 8, in effect at the time, established policy for separation of personnel due to pregnancy.  Service members separated for pregnancy while in an entry-level status were to receive an entry-level (i.e., uncharacterized) separation.

11.  Army Regulation 635-200, chapter 11, in effect at the time, set policy and provided guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry-level status.  This chapter provided that the training commander with separation authority per this chapter, in coordination with the medical officer (obstetrician), would involuntarily separate an enlisted woman when she could not fully participate in the training required for a military occupational specialty because of her physical condition (i.e., pregnancy).  The regulation defined entry-level status as the first 180 days of continuous active service.  An uncharacterized separation was required under this authority.  

DISCUSSION AND CONCLUSIONS:

1.  She was formally counseled prior to the initiation of separation proceedings, and voluntarily requested separation due to pregnancy. 

2.  The applicant's commander notified her that he was initiating action to separate her from the service due to pregnancy.  She was still in an entry level status at the time of her separation action.  She had completed 3 months and 
28 days of active duty service.  Army Regulation 635-200, chapter 11, specifically required that her service be uncharacterized.

3.  The type of separation directed and the reasons for separation were appropriate considering all the facts of the case.  The record contains no indication of procedural or other errors that would have jeopardized her rights.

4.  In view of the foregoing, there is no basis to change the characterization of her service.

5.  The applicant is advised an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier had not been in the Army long enough for her character of service to be rated as honorable or otherwise.


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)                                         AR20140001698



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ABCMR Record of Proceedings (cont)                                         AR20140013260



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