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):  960418

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:  4 Years               ASR
    b.  Entry date:  931130
    c.  Age:  18 Years   DOB:  741229


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  95                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Year(s)  4 Month(s)  19 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 22 September 1995, the applicant
affirmed that she received the required pregnancy counseling by her unit
commander and that she understood her entitlements and responsibilities.
On 21 February 1996, the applicant notified the unit commander that it
would be in the best interest of her family for her to stay home upon the
birth of her child and.  Requested voluntary separation under the
provisions of Chapter 8, AR 635-200 by reason of pregnancy.  On undated,
the separating authority approved the applicant’s voluntary request for
separation and directed that she be transferred to the Individual Ready
Reserve.  The record contains a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant’s signature.  Her DD Form 214 indicates that
she was released from active duty under the provisions of Chapter 8, AR 635-
200 by reason of pregnancy, with a characterization of service of
honorable.

      b.  On 18 April 1996, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 4 months, and 19 days of
active military service in the period under review.

      c.  On 18 September 2001, the applicant was honorably discharged from
the United States Army Reserve upon completion of her statutory service
obligation.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 8 establishes policy and procedures for voluntary separation of
enlisted women because of pregnancy.  If an individual is beyond entry-
level status, her service will be characterized as honorable or general,
under honorable conditions.




                      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 040423, 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 15 December
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 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 Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 The evidence of record shows that the applicant voluntarily requested
release from active duty under the provisions of Chapter 8, AR 635-200, by
reason of pregnancy.  She affirmed that she received the required pregnancy
counseling by her unit commander and that she understood her entitlements
and responsibilities.  The applicant indicated that, after a great deal of
thought, she decided it would be in the best interest of her family to be
separated from the Army.  While the Board does not discount the applicant’s
contention that she sought discharge due to an abusive relationship, there
is no evidence in her official record supporting her contention.  The Board
also noted that during the discharge process she did not raise the specter
of an abusive relationship, seek a discharge due to hardship, or request
community or command assistance for an abusive situation.  In the absence
of evidence to the contrary, the Board must presume that she was properly
and equitably discharged in concert with her voluntary request for
separation due to pregnancy.  The Board found no evidence of arbitrary or
capricious actions by the command.  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 the applicant’s release from active duty was
both proper and equitable, 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
                  1901 South Bell Street, 2nd Floor
                  Arlington, VA  22202-4508



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

Case report reviewed and verified

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
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:  20040000494                   INDEX NUMBERS:  A9455
Date of Review:  041215                                   A9307
Character of Service:  HD                                 A0113
Date of Discharge:  960418
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