IN THE CASE OF:  	

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20120022559
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change to the narrative reason for her discharge.

2.  The applicant states, in effect, that she is requesting an upgrade in the form of a narrative reason change in order to receive VA medical benefits.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 December 2012	
b. Discharge Received:		Honorable 
c. Date of Discharge:			15 January 2008
d. Reason/Authority/SPD/RE Code:	Pregnancy or Childbirth, AR 635-200, Chapter 8 						KDF, RE-3
e. Unit of assignment:			European Veterinary Laboratory, APO AE
f. Current Enlistment Date/Term:	1 June 2006, for 4 years
g. Current Enlistment Service:	1 year, 7 months, 15 days
h. Total Service:			1 year, 7 months, 15 days
i. Time Lost:				None	
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	68R10/Veterinary Food Inspector
m. GT Score:				NIF
n. Education:				GED
o. Overseas Service:			Germany
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 1 June 2006, for a period of four years.  She was 18 years old at the time of entry.  She served for 1 year, 7 months, and 15 days and was discharged for pregnancy or childbirth, specifically for pregnancy.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 27 July 2007, the unit commander provided the applicant the required pregnancy counseling, the applicant acknowledged it and indicated she understood her entitlements and responsibilities.  The applicant was given seven days to elect to remain on active duty or request voluntary separation.  The applicant elected to be separated from the Army due to her pregnancy.  

2.  On 19 November 2007, she submitted her request for voluntary separation under the provisions of Chapter 8, AR 635-200, by reason of pregnancy.

3.  On 19 November 2007, the unit commander recommended approval of the applicant’s request.

4.  On 19 November 2007, the separation authority approved the separation action with an honorable discharge.  

5.  The applicant was discharged from the Army on 15 January 2008 with a characterization of service of honorable.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There is one counseling statement, dated 27 August 2007 in which the unit commander discussed with the applicant her rights and options pertaining to her pregnancy.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided documents from the CJW Medical Center, Richmond, VA, dated        27 March 2012, Henrico County Health Department, dated 30 November 2012, and Virginia Cardiovascular Specialists, dated 30 November 2012 in addition to her application.

POST-SERVICE ACTIVITY: 

None provided by the applicant.

REGULATORY AUTHORITY:

1.  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 women separated under the provisions of Chapter 8 will be characterized as honorable or general, under honorable conditions unless the Soldier is in an entry level status.  

2.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "KDF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 8, pregnancy or childbirth.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the reason for her discharge was carefully considered.  However, after examining the applicant’s record of service, the issues and documents submitted with the application, there are insufficient factors to merit a change to the narrative reason for the discharge.    

2.  The applicant contends that she is requesting an upgrade in the form of a narrative reason change in order to receive Veteran's benefits.  The applicant was discharged under the provisions of Chapter 8, AR 635-200, by reason of pregnancy or childbirth with an honorable discharge.  The narrative reason specified by Army Regulations in effect at the time for a discharge under this Chapter is "Pregnancy” and the separation code is "KDF."  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.  

3.  The independent documents submitted by the applicant in reference to her need for medical treatment and her inability to receive health insurance from her employer were carefully considered.  However, eligibility for veteran's benefits to include medical and 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.

4.  The records show the proper discharge and separation authority procedures were followed in this case.

5.  In view of the foregoing, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review       Date: 10 April 2013   Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:	No
Change Characterization to: No Change	
Change Reason to:	No Change
Change Authority for Separation: No Change
Change RE Code to: No Change	
Grade Restoration to: NA	
Other: NA




























Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120022559



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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