Applicant Name: ?????
Application Receipt Date: 2008/04/17 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant requests her reason for discharge to be changed to "Convenience of the Government", see DD Form 293 enclosed.
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: 030903
Discharge Received: Date: 031028 Chapter: 8 AR: 635-200
Reason: Pregnancy RE: SPD: MDF Unit/Location: B Co, 125th Signal Bn, Schofield Bks, HI
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: 17
Current ENL Date: 010705 Current ENL Term: 5 Years ?????
Current ENL Service: 02 Yrs, 03Mos, 24Days ?????
Total Service: 02 Yrs, 03Mos, 24Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 31P10/Coms Circuit Control Spc GT: NIF EDU: HS Grad Overseas: Hawaii Combat: None
Decorations/Awards: NDSM, ASR, OSR
V. Post-Discharge Activity
City, State: Alpine, CA
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 22 August 2003, the applicant acknowledged that she received the required pregnancy counseling by the unit commander and understood her entitlements and responsibilities. The applicant was given seven days to elect to remain on active duty or request voluntary separation. On 3 September 2003, she elected separation for reason of pregnancy and submitted a DA Form 4187 requesting discharge from the Army under the provisions of Chapter 8, AR 635-200, by reason of pregnancy. On 3 September 2003, the unit commander recommended approval of the applicants request. On 17 October 2003, the separation authority approved the request for separation with an honorable discharge. The applicant was released from active duty and transferred to the U.S. Army Reserve Control Group.
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 in the reason for separation of 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 voluntarily requested separation under the provisions of Chapter 8, AR 635-200, due to pregnancy. Her request for separation was properly processed and approved by the appropriate authority. 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", 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. Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 20 February 2009 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 reason for discharge was 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
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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080005956
______________________________________________________________________________
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