Applicant Name: ?????
Application Receipt Date: 2007/11/09 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant requests a change in the reason for discharge from "Pregnancy" to the "Family Care plan" chapter. She states that she was misinformed about her options, her husband was deploying and that she made a rushed decision. She was told she wouldn't have to pay back her reenlistment bonus but it did not work out that way or she would've take the "family care plan" chapter instead.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 070404 Chapter: 8 AR: 635-200
Reason: Pregnancy or Childbirth RE: SPD: MDF Unit/Location: Home Det, 4-2 IN Bn, Fort Lewis, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: 060126 Current ENL Term: 5 Years ?????
Current ENL Service: 01 Yrs, 02Mos, 09Days ?????
Total Service: 06 Yrs, 00Mos, 00Days ?????
Previous Discharges: RA 040330-060125/HD
ARNG 010405-040329/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 63B/Wheel Veh Mech GT: 113 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AAM-3, NDSM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: Big Lake, MN
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 19 March 2007, DA, HQ, I Corps and Fort Lewis, Fort Lewis, WA, Orders 078-0002, released the applicant from active duty and assigned her to the USAR Control Group with an effective date of 4 April 2007. 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) which was authenticated by the applicants signature. 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 an honorable 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 military records, and the issue she submitted, the analyst found no mitigating factors that would merit a change to the reason in the applicant's discharge. The analyst carefully examined the applicants record of service during the period of enlistment under review and determined that the applicant would have voluntarily requested separation under the provisions of Chapter 8, AR 635-200, due to pregnancy or childbirth. Although the all facts and circumstances pertaining to the applicants request for discharge are not contained in the available record, her request for separation would have been processed and approved by the appropriate authority and the analyst presumed government regularity in the discharge process. Furthermore, the applicant was discharged under the provisions of Chapter 8, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pregnancy or Childbirth", and the separation code is "MDF." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The analyst being convinced that the reason for discharge and the characterization of service were both proper and equitable recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 26 September 2008 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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 discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070016747
______________________________________________________________________________
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