Applicant Name: ?????

Application Receipt Date: 2007/09/27	

Prior Review    Prior Review Date: None	

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the Applicant

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: 070521 
Discharge Received:     Date: 070525   
Chapter:  11     AR: 635-200
Reason: Entry Level Performance and Conduct
RE:     SPD: JGA
Unit/Location: B Co, 1-222d Aviation Rgt, 8th Transportation Bde, FT Eustis, VA 

Time Lost: None	

Article 15s (Charges/Dates/Punishment): 070419, wrongfully having sexual intercourse (070314), made a false official statement (070314), failed to obey a lawful regulation and having an inappropriate relationship (070314), reduction to E1, forfeiture of $695.00 x 2mos, 45 days extra duty, and 45 days restriction. (FG). 

Court-Martials (Charges/Dates/Punishment): None	

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1978/03  
HOR City, State: Cantonment, FL
Current ENL Date: 060801    Current ENL Term:   6   Years  ?????
Current ENL Service:   00     Yrs,   09 Mos,   25Days ?????
Total Service:    00     Yrs,   09 Mos,   25Days ?????
Previous Discharges: None
Highest Grade:   E2 
Performance Ratings Available: Yes    No 
MOS: None	   GT: 120   EDU: HS Grad   Overseas: None	   Combat: None	
Decorations/Awards: NDSM

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 15 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for testing positive for being pregnant (070309) while in initial-entry training (IET) status.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with an uncharacterized discharge.  On 21 May 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be separated from the Army with an uncharacterized discharge.

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of this regulation, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of the regulation applies to soldiers who can not meet the minimum standards for training, have demonstrated that they are not qualified for retention because they can not adapt socially or emotionally to military life or because they lack the aptitude, ability, motivation or self discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued military service.  The regulation requires uncharacterized service for separation under this chapter.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, and the issue she submitted, the analyst noted from the evidence of record that the applicant did test positive for pregnancy and received an uncharacterized separation while in initial-entry training (IET) status under provisions of Chapter 11, AR 635-200.  The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized.  Army Regulation 635-200 provides in pertinent part, that a soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The applicant’s current enlistment date was 1 August 2006 and the separation action was initiated on 15 May 2007.  The applicant had served a total of 221 days and therefore was no longer in ELS.  Separation under provisions of Chapter 11, AR 635-200 is for Entry Level Performance and Conduct while a soldier is in ELS.  In view of the foregoing, the analyst determined that the characterization is improper and recommends to the board that relief be granted in the form of an upgrade of the characterization of service to fully honorable, and a change to the narrative reason for separation to Pregnancy under provisions of Chapter 8, AR 635-200 with a corresponding Separation Code of KDF (ie. Pregnancy or Childbirth).  The re-enlistment code (RE Code) for this type of separation is RE-3, therefore the applicant’s RE code is appropriate.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 August 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   5       No change  0     - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
 After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the applicant’s characterization is improper.  The evidence of record supports that she was discharged under the provisions of Chapter 11, Army Regulation 635-200, entry level performance and conduct, for being pregnant while in initial-entry level training status (IET).  The board noted that the applicant was no longer in entry level status at the time the discharge proceedings were initiated, she had completed more than 180 days of continuous active service.  AR 635-200 defines entry level status for Regular Army soldiers as the first 180-days of continuous active duty.  In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable and the narrative reason for separation to “Pregnancy” with a separation code of “KDF.”    



    

								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Pregnancy
Other: Change Separation Authority to AR 635-200, Chapter 8, and change separation code to KDF.
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: 21 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013370
______________________________________________________________________


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