IN THE CASE OF:  	Ms.

      BOARD DATE:  	3 May 2013

      CASE NUMBER:  	AR20130000333
___________________________________________________________________________

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 reason for the separation to include the reentry eligibility (RE) code.

2.  The applicant states, in effect, that she was a good Soldier and tried to serve her contract agreement.  She did not know having a child in the military would get her discharged or punished. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		3 January 2013
b. Discharge Received:		Honorable 
c. Date of Discharge:			28 March 2001
d. Reason/Authority/SPD/RE Code:	Pregnancy or Childbirth, AR 635-200, Chapter 8 	
      MDF, RE-3
e. Unit of assignment:			101st Air Assault Replacement Detachment 							Fort Campbell, KY 
f. Current Enlistment Date/Term:	8 September 1999, 4 years 
g. Current Enlistment Service:	1 year, 6 months, 21 days
h. Total Service:			1 year, 6 months, 21 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	71L10, Administrative Specialist
m. GT Score:				111
n. Education:				1 year college
o. Overseas Service:			Korea
p. Combat Service:			None
q. Decorations/Awards:		ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 8 September 1999, for a period of 4 years.  She was 25 years old at the time of entry and was a high school graduate.  She served overseas in Korea and when her discharge proceedings were initiated she was assigned to Fort Campbell, KY.  Her record documents no acts of valor or significant personal achievements.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  She was discharged as a PFC/E-3.

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 8, AR 635-200, for pregnancy or childbirth, with a characterization of service of honorable.  The DD Form 214 shows a Separation Program Designator (SPD) code of MDF and a reentry eligibility (RE) code of 3.

3.  On 27 March 2001, Orders 086-0013, DA, HQS, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, released the applicant from the Regular Army and assigned her to USAR Control Group (Annual Training), effective date: 28 March 2001.    

4.  There is no record of any UCMJ action.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements in the available record. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 30 December 2012/with an issues statement, dated 30 December 2012; DD Form 214, dated 28 March 2001; Pregnancy Counseling, dated 11 January 2001; and a Request for Change in Foreign Service Tour, dated 31 January 2001. 

POST-SERVICE ACTIVITY: 

The applicant provided none . 

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.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 8, unless properly notified of the specific factors in her service record that warrant such characterization.
DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation to include the reentry eligibility (RE) code on her DD Form 214 was carefully considered.  However, after a careful review of the available military records during the period of enlistment under review, the issue and documents she submitted, there are insufficient mitigating factors to merit a change to the narrative reason for the separation to include the reentry eligibility (RE) code.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 8, AR 635-200, by reason of pregnancy or childbirth, with a characterization of service of honorable.  

3.  Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant requests a change to the narrative reason for separation to include the reentry eligibility (RE) code.  However, the reason for separation is governed by specific directives.  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 or Childbirth,” the separation code is "MDF," and the RE code is “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 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 or codes to be entered under this regulation.    

5.  The applicant contends she was a good Soldier and tried to serve her contract agreement. The applicant’s service accomplishments and the quality of her service prior to the incident that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant a change to the narrative reason for separation to include the reentry eligibility (RE) code.

6.  She did not know having a child in the military would get her discharged or punished.  The applicant was not discharged solely for having a child in the military.  AR 635-200, states Soldiers may be separated when parental obligations interfere with fulfillment of their military responsibilities.  

7.  The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be her responsibility to meet the burden of proof since the discharge packet is not available in the official record. 

8.  Therefore, based on the available evidence and the presumption of government regularity in the discharge process, it appears the reason for separation to include the reentry eligibility (RE) code were both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	Date: 3 May April 2013     Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  N/A	No Change:  N/A
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:	N/A
Change Reason to:			No Change
Change Authority for Separation:	N/A
Change RE Code to:		N/A
Grade Restoration to:		N/A
Other:					N/A















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)		AR20130000333



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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