Applicant Name:  ?????

Application Receipt Date: 2008/04/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that she needs to have the reason for her discharge changed from "Childbirth" to "Motherhood."  She left the Army on a chapter 8 because she was a single mother and needed to take care of her daughter.  She is now being denied of her GI Bill benefits because of the reason on her DD Form 214 that reads pregnancy or childbirth.  She served 33 months of active duty thus meeting the active duty obligation in that respect.

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: 050914
Discharge Received: 			   Date: 051026   Chapter: 8-9a    AR: 635-200
Reason: Pregnancy or Childbirth	   RE:     SPD: MDF   Unit/Location: B Co 9th PSYOP Bn, Ft. Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 050429    Current ENL Term: 5 Years  ?????
Current ENL Service: 	00 Yrs, 05Mos, 27Days ?????
Total Service:  		03 Yrs, 03Mos, 26Days ?????
Previous Discharges: 	USN 980701-980925/HD
                                       IADT 020723-030116/HD
                                       RA 030429-050428/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 37F2P/PSYOP SGT   GT: 114   EDU: HS Degree   Overseas: SWA   Combat: Iraq (040907-050418)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ASR, CAB

V.  Post-Discharge Activity
City, State:  Folson, 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 14 September 2005, the unit commander initiated separation proceeding under the provisions of paragraph 8-9a, AR 635-200 due to pregnancy and recommended an honorable characterization of service.  The required counseling statement of the applicant’s decision in which she would have requested the separation action is not contained in the available record and the analyst presumed government regularity in the discharge process.  The applicant would have acknowledged that she received the required pregnancy counseling and would’ve understood her entitlements and responsibilities.  The applicant would’ve been given at least seven days to elect to remain on active duty or request voluntary separation.  The record shows that on 14 September 2005, she elected separation for reason of pregnancy and waived legal counsel.  On 15 September 2005, the separation authority approved the request for voluntary discharge due to pregnancy 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 applicant’s military records during the period of enlistment under review and the issue she submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The analyst carefully examined the applicant’s 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.  The analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 8-9a, 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.  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.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.




























VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 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 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 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			 
								         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 AR20080007786
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