Application Receipt Date: 060821
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 020405
Chapter: 8 AR: 635-200
Reason: Pregnancy
RE: SPD: MDF
Unit/Location: 19TH SC CO SIG CO HQS, Fort Huachuca, AZ 85613
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: 820427
Current ENL Date: 000807 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 07Mos, 29Days ?????
Total Service: 01 Yrs, 07Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 31J10 (Telecom TML DVC REP) GT: 109 EDU: NIF Overseas: None Combat: None
Decorations/Awards: 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 specific facts and circumstances leading to the applicants discharge 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 discharged 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 MDF (i.e., pregnancy or childbirth), with a reentry eligibility (RE) code of "3." On 22 March 2002, Orders 081-0111, DA, United States Army Intelligence Center and Fort Huachuca, Fort Huachuca, AZ 85613-6000, discharged the applicant from the Regular Army, effective: 5 April 2002.
b. Legal Basis for Separation:
Army Regulation 635-200, provides the basic authority for the separation of enlisted personnel. Chapter 8, establishes policy and 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 discharge from active duty. 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. This document identifies the reason and characterization of service granted and the analyst presumed Government Regularity in the discharge process. That DD Form 214 shows that the applicant was discharged 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. The analyst noted the applicants issues; however, did not find said issues sufficiently mitigating to warrant a change to the narrative reason for discharge. Therefore, 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: 29 August 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 NA No change NA - Character
Change 0 No change 5 - 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 reason for discharge was both proper and equitable, and voted to deny relief.
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060012023
Applicant Name: Ms.
______________________________________________________________________
Page 4 of 5 pages
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