PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge: HD

2.  Date of discharge (or REFRAD): 870504

3.  Authority for separation:

      a.  Regulation: Chapter 8, AR 635-200

      b.  Reason: Pregnancy

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ASR
    a.  Period entered for: 2 Years                L/A
    b.  Entry date: 860627
    c.  Age: 18 Years   DOB: 680222


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT: 101                                3.  Highest grade
achieved:
    f.  Length of Service:                         E2
         0 Year(s)  10 Month(s)  8 Day(s)

                                               4.  Performance evaluations:

                                                   NONE

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE

    Status       Inclusive dates
      AWOL

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  NONE


                       SECTION B - Prior Service Data
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

                       SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

      a.  Evidence of record shows that on 3 February 1987, the applicant
was provided counseling and a pregnancy counseling checklist by her unit
commander.  She was advised of the options available to her and to return
the checklist with her election of the appropriate option.  On 9 February
1987 the applicant returned her completed pregnancy counseling checklist
and elected separation by reason of pregnancy, under the provisions of
Chapter 8, AR 635-200.  In her authenticated checklist the applicant
attested to the fact that during the pregnancy counseling session there was
no coercion on the part of the counselor to influence her decision.  On 10
February 1987 the applicant formally requested separation via a DA Form
4187 (Personnel Action), and the applicant’s unit commander recommended
approval of her request.  Also on 10 February 1987, the separation
authority approved the applicant’s separation with an honorable
characterization of service, and transferred to the Individual Ready
Reserve (IRR).

      b.  On 4 May 1987, the applicant was discharged with an honorable
discharge.
At the time of discharge, the applicant had 10 months, and 8 days of
military service.

      c.  The evidence of record contains a completed a DA Form 3286-56-R
(Statements For Enlistment, U.S. Army College Fund Program) she completed
upon her enlistment in the Regular Army.  This statement, also identified
as annex C to her enlistment contract, in which she acknowledged that if
she failed to complete her initial term of enlistment unless discharged for
service connected disability, hardship, or convenience of the government
she would forfeit her entitlement to her contributions to the All Volunteer
Force Educational Assistance Program (AVFEAP) maintained by the Department
of Veterans Affairs (VA).  The applicant had the option to remain on active
duty and complete her term of service but instead elected to voluntarily
separate for pregnancy.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200,
Chapter 8-1, provides the basic authority for the separation of enlisted
personnel.  This Chapter establishes policy procedures, and provides
authority for voluntarily separation of enlisted women because of
pregnancy.  This Chapter applies to all  Active Army enlisted women and
ARNGUS and USAR enlisted women ordered to AD or ADT, except for ARNGUS and
USAR soldiers found to be pregnant upon entry on IADT, to whom paragraph 5-
11 applies.

                      SECTION B-APPLICANT’S SUBMISSIONS


1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

      A-1:  DD Form 293, dated 960115, with one (1) enclosure(s).
      A-2:  Counsel Issues:  NONE
      B-l:  Other Documents: NONE


                   PART IV - PREHEARING REVIEW (CONTINUED)

              SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor      ( ) Legal Advisor



      a.  Medical prehearing comments (if applicable):


      b.  Legal prehearing comments (if applicable):











                         PART V - SUMMARY OF HEARING

                      SECTION A-Attendees and exhibits

1.  Review/hearing information:


      a. Type requested:
         ( X ) Records review             (   ) Hearing

      b. Type Held:
         ( X )Records review              (   ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington D.C. on 26 August
1998.

      d. Appearance by:
         Applicant                 (   ) Yes   ( X ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     (   ) Yes   ( X ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:
                        PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

          ( X )  Same as those listed on DD Form 293 and Part IV, Section A
              of this case report and directive.
          (   )  Revised issue(s) furnished in writing by applicant as
              follows:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      b.  Request:  ( X ) Recharacterization     (   ) Change of Reason



2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:

      a.  Propriety:   The applicant has not submitted an issue of
                   propriety and the ADRB has not otherwise relied upon an
                   issue of propriety to change the discharge.

      b.  Equity:      The parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1)  The issue is rejected.  The evidence of record and the
independent evidence submitted by the applicant does not support the
applicant’s contention that the reason for her discharge should be changed
to convenience of the government in order for her to obtain education
benefits.  The evidence of record shows the applicant, after undergoing
extensive counseling, voluntarily elected to separate by reason of
pregnancy.  The applicant authenticated Annex C to her enlistment contract
which clearly established that she would forfeit her contributions and
entitlement to education benefits if she did not complete her initial term
of service.  The authority and reason for discharge were stipulated in the
separation documentation and acknowledged by the applicant.  The Board
found the reason for separation to be both proper and equitable and voted
to deny relief.


3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      ( X ) Proper.
      (   ) Improper as to characterization.  Change characterization to
                                               .
      (   ) Improper as to reason.  Change reason to
                                   under                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) Inequitable as to reason.  Change reason to
                                 
            under                                 .
      (   ) Both proper and equitable, but characterization/reason for
           separation cited was an administrative/clerical error and should
           be changed to                      under
                                   .

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       0         5

        The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below.  The request must contain the CASE NO. located in the upper right
corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE
                           PART VII - BOARD ACTION
                 SECTION B - Verification and Authentication

Case report reviewed and verified

                          
MR. JOSEPH A. ADRIANCE
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge                  C - Other
B - Material submitted by applicant

INDEX RECORD:

AD Number:  9809146                       INDEX NUMBERS:  A9217
Date of Review:  980826                                   A9500
Character of Service:  HD                                 A0100
Date of Discharge:  870504
Authority:  AR 635-200 C8
Reason:  A2200
Results of Board Action/
Vote/Affirmation:  NC 5-0 A













                           PART IX - VOTING RECORD

    Name                                   Reason         Characterization
                                           CHANGE   NC    HON   UHC   NC
UNCHAR
    1.      Mbr          X                  X       

    2.      Mbr          X                  X       

    3.      Mbr          X                  X       

    4.      Mbr          X                  X       

    5.      PO           X                  X