Applicant Name: ?????
Application Receipt Date: 2008/03/10 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Fom 293 and attached documents submitted by the applicant.
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: NA Date: 040324
Discharge Received: Date: 040603 Chapter: 8 AR: 635-200
Reason: Pregnancy RE: SPD: KDF Unit/Location: 549th MP Co, Fort Stewart, GA
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: 18
Current ENL Date: 000824 Current ENL Term: 5 Years ?????
Current ENL Service: 03 Yrs, 09Mos, 10Days ?????
Total Service: 03 Yrs, 09Mos, 10Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 31B10 Military Police GT: 101 EDU: HS Grad Overseas: Germany/Southwest Asia Combat: Kuwait/Iraq (030308-031215)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, ASR. OSR
V. Post-Discharge Activity
City, State: Nampa, ID
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 24 March 2004, the applicant requested discharge under the provisions of Chapter 8, AR 635-200, by reason of pregnancy. On 24 March 2004, the unit commander recommended approval of the applicants request. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge, and indicated that this was a standard pregnancy separation with no extenuating circumstances or pertinent issues. The separation authority approved the separation action with general, under honorable conditions discharge.
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:
After a careful review of all the applicants military records during the period of enlistment under review, the issues and documents she submitted, the analyst determined that the characterization of service is improper. Army Regulation 635-200, Chapter 8, paragraph 8-3b, states that prior to characterization of service as under honorable conditions, the Soldier will be advised of the specific factors in the service record that warrants such a characterization, using the notification procedure. In view of the aforementioned, the analyst determined that the characterization of service is improper and recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. However, the analyst determined that the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 7 January 2009 Location: Washington, DC
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 characterization of service is improper. The Board determined that the applicant was not properly notified of the specific reason for issuing a general, under honorable conditions discharge. Army Regulation 635-200, Chapter 8, paragraph 8-3b, states that prior to characterization of service as under honorable conditions, the Soldier will be advised of the specific factors in the service record that warrants such a characterization, using the notification procedure. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080003784
______________________________________________________________________________
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