Applicant Name:
Application Receipt Date: 2007/09/20
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant states that she was discharged due to pregnancy. She needs her GI Bill and also states that her service was longer that what is reflected on her current DD Form 214.
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: 060419
Chapter: 8 AR: 635-200
Reason: Pregnancy or Childbirth
RE: SPD: MDF
Unit/Location: 119th TC Terminal, Fort Eustis, VA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8402
HOR City, State: Akron, OH
Current ENL Date: 020801 Current ENL Term: 4 Years ?????
Current ENL Service: 03 Yrs, 08Mos, 19Days ?????
Total Service: 03 Yrs, 08Mos, 19Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 88M10/Mtr Trans Opr GT: 95 EDU: HS Grad Overseas: SWA Combat: Iraq (030114-030715), Kuwait (040214-050211)
Decorations/Awards: ARCOM, GCM, NDSM, GWOTEM, GWOTSM, ASR, ICM
V. Post-Discharge Activity
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 6 April 2006, DA, HQ, U.S. Army Transportation Center, Fort Story, VA, Orders 096-0016 released the applicant from active duty and assigned her to the USAR Control Group. The specific facts and circumstances pertaining to the applicants discharge are not contained in the available records. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). Her DD Form 214 indicates that she was voluntarily discharged under the provisions of Chapter 8, AR 635-200 by reason of pregnancy or childbirth with a general, under honorable conditions characterization of service.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 8 provides for the voluntary separation of enlisted woman because of pregnancy. Service of enlisted woman separated under the provisions of Chapter 8 will be characterized as honorable or general, under honorable conditions unless the soldier in an entry level status.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records and the issue she submitted, the analyst recommends to the Board that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of her faithful and honorable service. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. While the applicant's specific facts for which she may have received a general discharge are not contained in the available record, the overall length and quality of the applicant's service, to include her two combat deployments and the lack of any evidence of misconduct as her DD Form 214 indicates she was discharged as an E-4 mitigated the possible discrediting entry. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 30 July 2008
Location: Washington, D.C.
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 5 No change 0 - 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 characterization of service was too harsh based on the applicants length and quality of her service to include her combat service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
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: 31 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013131
______________________________________________________________________
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