BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140019888
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, in effect, that her narrative reason for separation be changed to show she was discharged due to hardship or dependency.
2. The applicant states she had no one to name as caretaker for her child; therefore, she was told she had to get out of the military.
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 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. On 19 October 2000, the applicant enlisted in the Regular Army. After initial training, she was awarded military occupational specialty 91B (Medical Specialist).
3. Her records are incomplete. The available records do not show she requested a hardship discharge prior to release from active duty service.
4. On 10 September 2002, the applicant was honorably released from active duty service due to pregnancy under Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 8 and she was transferred to the U.S. Army Reserve. She had completed 1 year, 10 months, and 22 days of net active service this period.
5. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 8 of that regulation provided, in pertinent part, that if an enlisted woman is pregnant, she would be counseled by the unit commander using the pregnancy counseling checklist. The unit commander would explain that the purpose of the counseling was to provide information concerning options, entitlements, and responsibilities and that the Soldier could upon request, be separated per this chapter or remain on active duty. It also states that the Soldier would sign part one of the Statement of Counseling and be granted at least 7 days to consider the options available. She would indicate her election by completing part two of the Statement of Counseling.
7. Chapter 6 of Army Regulation 635-200 governs separation because of dependency or hardship. Paragraph 6-3 states that Soldiers of the Active Army and the Reserve Components serving on active duty or active duty for training 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered. However, they are unsupported by the evidence of record. The evidence of record shows she was separated due to pregnancy, which is a voluntary request for separation.
2. She has provided no evidence indicating she qualified for or pursued a hardship or dependency discharge.
3. Absent evidence to the contrary, it is concluded the applicant's separation processing was conducted in accordance with the applicable regulation, that all requirements of law and regulation were met, and that the rights of the applicant were fully protected throughout the separation process.
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) AR20100016434
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ABCMR Record of Proceedings (cont) AR20140019888
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