Applicant Name:  ?????

Application Receipt Date: 2010/10/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I transferred from the Reserve to Active Duty on June 11, 2008. I was assigned to Schofield Barracks, HA, however, I was sent to HHC 43RD AG BN in Fort Leonard Wood, MO for in-processing. During my in-processing, every female was given pregnancy test and my pregnancy test was positive. On June 28, 2008 I was given counseling from the Commander of 43rd AG BN CPT Blondet where he informed me that I would be immediately discharge from the Army according to IAW AR 601-210 Chapter 3-7b based on the facts that I could not enlist into the Army pregnant. I informed the Commander that I did not enlist into the Army pregnant and I was given a pregnancy test during my reservation for enlistment and at enlistment which both result were negative and that I was unaware of my pregnancy until given one at HHC 43rd AG BN.  Upon my next counseling I was told by CPT [redacted] that I was under investigation for fraudulent enlistment because my reserve unit (HHC USACAPOC (A) Fort Bragg, NC) discharged me from the reserves in March 2008. CPT [redacted] reduced my rank from Sergeant E-5 to Private E-1 and prevented me from continuing my in processing until the investigation was complete. I was found innocent and the investigation was closed but I was still discharged according to AR 635-200 CHAP 7, SEC III, Erroneous Entry. I was released from Active Duty July 30, 2008 with no pay. Upon contacting my reserve unit HHC USACAPOC (A) my rank and discharge was corrected. My Reason for separation was based off the actions of my reserve command (HHC USACAPOC) which was a mistake and has been corrected Order #08-266-00018. My discharge from Active Duty should be based off pregnancy. I am requesting Separation Authority to be change to AR 601-210 CHP 3-7b, Separation Code, Reentry Code, and Narrative Reason for Separation to reflect pregnancy."

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: 080721
Discharge Received: 			   Date: 080730   Chapter: 7-15      AR: 635-200
Reason: Erroneous Entry	   RE:     SPD: JFC   Unit/Location: HHC, 43rd AG Bn, Fort Leonard Wood, MO 

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:  27
Current ENL Date: 080611    Current ENL Term: 03 Years  ?????
Current ENL Service: 	00  Yrs, 01 Mos, 20 Days ?????
Total Service:  		04  Yrs, 06 Mos, 26 Days ?????
Previous Discharges: 	USAR-031022-031111/NA
                                       ADT-031112-040501/UNC
                                       USAR-040502-070103/NA
                                       ADT-070104-070531/HD
                                       USAR-070601-080328/GD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 44C10 Financial Management Tech   GT: NIF   EDU: 15 Years   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, AFRM-W/"M" DEV

V.  Post-Discharge Activity
City, State:  Fort Hood, TX 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-15, AR 635-200, by reason of erroneous enlistment for testing positive for pregnancy upon her enlistment and if appropriate directives were adhered to the enlistment would not have occurred, with an uncharacterized discharge.  She was advised of her rights.  
       
       On 21 July 2008, the applicant waived 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 of the separation action with a uncharacterized discharge.  
       
       On  23 July 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with service uncharacterized.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel.  Chapter 7, Paragraph 7-15, of that regulation provides, in pertinent part, that a Soldier may be separated on the basis of an erroneous enlistment, induction, or extension of enlistment per guidance in Chapter 1, section II.  For the purpose of this chapter, the term enlistment means both an original enlistment and any subsequent enlistments (re-enlistments).  Soldiers separated under this chapter may be awarded an honorable discharge, or a general discharge, or a discharge under other than honorable conditions.  If in an entry level status the characterization will be uncharacterized.  

       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, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows that the applicant failed the CI/FP screening interview and was discharged under the provisions of Chapter 7, paragraph 7-15, AR 635-200, by reason of erroneous entry.    
       
       The applicant’s service was uncharacterized because she was in entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. 
       
       The applicant requested a change to the narrative reason for separation, separation authority, separation (SPD) code, to include the reentry eligibility (RE) code.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 7, paragraph7-15, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Erroneous Entry," the separation code is "JFC," and the reentry code is "RE 3."  
       
       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, separation code, entered in block 26, and RE Code, entered in block 27 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 applicant contends that her reason for separation was based off the actions of her reserve command, which was a mistake and corrected by orders 08-266-00018.  The evidence of record shows that the applicant was discharged under the provision of Chapter 7, paragraph 7-15, AR 635-200, for testing positive for pregnancy upon her enlistment and if appropriate directives were adhered to, the enlistment would not have occurred.
       Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Therefore, the analyst determined that the narrative reason for separation, separation authority, separation (SPD) code, to include the reentry eligibility (RE) code were 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 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (101014); Letter, dated (100629); two (2) DD Forms 214, dated (080730), (080730); Memorandum, dated (080627); Memorandum, Notification of Separation Under Provision of Chapter 7-15, AR 635-200, two (2) pages, dated (080721); Memorandum, Recommendation for Separation Under Provision of Chapter 7-15, AR 635-200, dated (080722); DA Form 4856 (Developmental Counseling Form), dated (080715); E-mail, dated (081010); Amended Orders, 08-266-00018, dated (080922); Information Paper, dated (100514); Reservation Report Letter, (080509); Enlistment/Reenlistment Document, pages 4/1-4/2; Enlistment Orders 8163011, dated (080611).   

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 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





Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100024130
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