Application Receipt Date: 060615
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 021213
Chapter: 8 AR: 635-200
Reason: Pregnancy
RE: SPD: KDF
Unit/Location: 630th Military Police Company, APO AE 09139
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 820711
Current ENL Date: 000825 Current ENL Term: 5 Years ?????
Current ENL Service: 2 Yrs, 3 Mos, 19 Days ?????
Total Service: 2 Yrs, 3 Mos, 19 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 95B10 Military Police GT: 93 EDU: HS Letter Overseas: Germany Combat: None
Decorations/Awards: AAM, NDSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 7 September 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable. The specific facts and circumstances leading to the applicants release from active duty are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants 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 an honorable discharge. Furthermore, the DD Form 214 shows a Separation Code of KDF (i.e., pregnancy or childbirth), with a reentry eligibility (RE) code of "3." On 12 November 2002, Orders 316-005, DA, Headquarters, U.S. Army Europe, Bamberg Transition Center, APO AE 09139, released the applicant from the Regular Army, effective: 13 December 2002.
b. Legal Basis for Separation:
Army Regulation 635-200, provides the basic authority for the separation of enlisted personnel. Chapter 8, 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. If an individual is beyond entry-level status, her service will be characterized as honorable or general, under honorable conditions.
c. Response to Issues, Recommendation and Rationale:
The applicants record is void of the specific facts and circumstances concerning the events that led to her release from active duty. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. This document identifies the reason and characterization of service granted and the analyst presumed Government regularity in the discharge process releasing her from active duty. The applicants DD Form 214 shows that the applicant 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. In the absence of evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. There is no evidence of arbitrary or capricious actions by the command. The analyst noted the applicants issues; however, did not find said issues sufficiently mitigating to warrant a change to the narrative reason for discharge. Furthermore, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of this Board. The analyst determined that the narrative reason for separation was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 23 May 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 31 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060008525
Applicant Name: Ms.
______________________________________________________________________
Page 5 of 5 pages
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