PART II - APPLICATION DATA

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

1.  Character of Discharge:  Uncharacterized

2.  Date of discharge (or REFRAD):  030219

3.  Authority for separation:

      a.  Regulation:  Chapter 11, AR 635-200

      b.  Reason:  Entry Level Performance and Conduct

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
    b.  Entry date:  021024
    c.  Age:  22 Years   DOB:  800903


    d.  Educational level:  14 Yrs.
    e.  Aptitude area score:
          GT:  116                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          0 Year(s)  3 Month(s)  26 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 19 February 2003, HQ, US Army
Medical Department Center & School and Fort Sam Houston, Fort Sam Houston,
Texas, Orders 050-0104 discharged the applicant from the Regular Army,
effective 19 February 2003.  The record contains a properly constituted DD
Form 214 (Certificate of Release or Discharge from Active Duty) which was
authenticated by the applicant.  Her DD Form 214 indicates that she was
discharged under the provisions of Chapter 11, AR 635-200 by reason of for
the good of entry-level performance and conduct with an uncharacterized
discharge.  The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.

      b.  On 19 February 2003, the applicant was discharged.  At the time
of discharge, the applicant had completed 3 months and 26 days of active
military service in the period under review.

      c.  The applicant submitted the following evidence for the Board’s
review:  DA Form 4856 (Developmental Counseling Form), dated 3 February
2003, from her unit commander indicating that, based on her diagnosis of
pregnancy, it was his judgment she could not serve the needs of the Army
while pregnant and would be recommended for discharge while in entry-level
status; Standard Form 513 (Medical Record Consultation Sheet), dated 28
January 2003, indicating that applicant should not be assigned duties
involved with lifting more than 20 pounds; and, a letter from the prenatal
coordinator indicating that the applicant was a patient at the Prenatal
Clinic at Brooke Army Medical Center, and her estimated delivery date was
27 September 2003.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 11, of this regulation, in pertinent part, provides for the
separation of personnel due to unsatisfactory performance, conduct, or
both, while in an entry-level status.  This regulation also provides for
the separation of enlisted women who become pregnant while still in entry-
level status.  Enlisted women who become pregnant while in entry-level
status will be involuntarily separated under this chapter when the training
activity commander with separation authority, in conjunction with the
medical officer, determines that they cannot fully participate in the
required training for the MOS concerned because of their physical
condition.  The regulation requires uncharacterized service for separation
under this chapter.


                      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 031210, with seven (7) 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 1 September
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
available records during the period of enlistment under review.  The Board
noted the applicant’s contentions; however, found no evidence of arbitrary
or capricious actions by the command.  Chapter 11, AR 635-200, provides
that enlisted women who become pregnant while in entry-level status be
involuntarily separated under this chapter when the training activity
commander with separation authority determines that they cannot fully
participate in the required training for the MOS concerned because of their
physical condition.  The evidence indicates that the applicant’s training
activity commander determined, after reviewing her physical limitations,
that she could not meet the training requirements of her MOS while
pregnant.  To receive a discharge due to pregnancy, the applicant would
have had to voluntarily request discharge under the provisions of Chapter
8, AR 635-200.  There is no evidence in the available records showing that
the applicant made a voluntary request for discharge due to pregnancy.
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 applicant was appropriately assigned an RE code of
3.  An RE Code of 3 indicates that the applicant requires a waiver prior to
being allowed to reenlist.  If the applicant desires to reenlist, she
should contact the local recruiter to determine her eligibility to
reenlist.  Those individuals can best advise a former service member as to
the needs of the Army at the time, and are required to process waivers of
RE codes.  The Board, being convinced that the reason of discharge and the
characterization of service were 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:  2004100700                    INDEX NUMBERS:  A9455
Date of Review:  040901                                   A0113
Character of Service:  EL
Date of Discharge:  030219
Authority:  AR 635-200 C11
Reason:  A2900
Results of Board Action/
Vote/Affirmation:  NC 5-0 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1. LTC PROCTOR, ESMERALDA G.  Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X