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ARMY | DRB | CY2003 | 2003095023
Original file (2003095023.rtf) Auto-classification: Denied



PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 960712

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:
                            NDSM
a. Period entered for: 3 Years ASR
b. Entry date: 940216
c. Age: 20 Years DOB: 730904
d. Educational level: HS Grad
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 4 Month(s) 27 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 30 April 1996, while stationed in Korea, appropriate medical authorities certified that the applicant was pregnant. On 5 May 1996, the applicant was counseled by her commanding officer on her entitlement to retention and/or separation. On 5 May 1996, having been advised of her options, the applicant authenticated a statement with her initials and signature in which she elected separation under the provisions of Chapter 8, AR 635-200, by reason of pregnancy. In the forgoing statement, she indicated that she desired to remain on active duty until 12 July 1996, and that her decision to separate from service was made without coercion and or influence by her commanding officer (i.e., her counselor). On 10 May 1996, she submitted a DA Form 4187 (Personnel Action) in which she voluntarily requested discharge under the provisions of Chapter 8, AR 635-200, by reason of pregnancy. On 13 May 1996, her unit commander recommended approval of the applicant’s request. On 16 May 1996, the separation authority approved the applicant’s voluntary request for separation by reason of pregnancy.

         b. On 12 July 1996, the applicant was discharged under the provisions of Chapter 8, AR 635-200, by reason of pregnancy with a characterization of service of honorable. At the time of discharge, the applicant had completed 2 years, 4 months, and 27 days of active military service.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200, Chapter 8, provides the basic authority for the separation of enlisted personnel. This Chapter established 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 030411, with two (2) 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, DC on 17 March 2004 .

         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: ( ) Recharacterization ( X ) 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 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 Board carefully examined the available records for the period of enlistment under review. The Board noted the applicant’s contentions and the documents submitted with her request; however, the Board did not find said contentions and or documents sufficiently mitigating to warrant a change to the applicant’s narrative reason for separation. Further, the Board does not grant relief solely for the purpose of gaining access to benefits administered by the Department of Veterans Affairs (VA). The evidence of record shows that on 30 April 1996, while stationed in Korea, appropriate medical authorities certified that the applicant was pregnant. On 5 May 1996, the applicant was counseled by her commanding officer on her entitlement to retention and or separation. On 5 May 1996, having been advised of her options, the applicant authenticated a statement, with her initials and signature, in which she elected separation under the provisions of Chapter 8, AR 635-200, by reason of pregnancy. In the forgoing statement, she indicated that she desired to remain on active duty until 12 July 1996, and that her decision to separate from service was made without coercion and or influence by her counselor. On 10 May 1996, the applicant submitted a DA Form 4187 (Personnel Action) in which she voluntarily requested discharge under the provisions of Chapter 8, AR 635-200, by reason of pregnancy. On 13 May 1996, her unit commander recommended approval of the applicant’s request. On 16 May 1996, the separation authority approved the applicant’s voluntary request for separation by reason of pregnancy. Barring independent corroborated evidence to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

          b. Equity:       The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.
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 1 4
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. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

 AR Number: 2003095023 INDEX NUMBERS: A0101
Date of Review: 040317 A0113
Character of Service: HD A9445
Date of Discharge: 960712
Authority: AR 635-200 C8
Reason: A2200
Results of Board Action/
Vote/Affirmation: NC 4-1 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    






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