IN THE CASE OF:	Ms. 

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130006007
___________________________________________________________________________

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 to upgrade the characterization of her service from general, under honorable conditions to fully honorable. 

2.  The applicant states, in effect, the basis of her request is to reenlist because circumstances have changed from what they were at the time of her discharge.  

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 March 2013
	b.	Discharge Received:	General, Under Honorable Conditions 
	c.	Date of Discharge:	27 July 2012 
	d.	Reason/Authority/SPD/RE Code:	Pregnancy or Childbirth, AR 635-200, Chapter 8 
			KDF, RE-3
	e.	Unit of assignment:	HHC, 94th Brigade Support Battalion, 4th BCT, 10th 
			Mountain Division (Light Infantry), Fort Polk, LA 
	f.	Current Enlistment Date/Term:	27 June 2011, 4 years, 21 weeks 
	g.	Current Enlistment Service:	1 year, 1 month, 1 day 
	h.	Total Service:	1 year, 1 month, 1 day 
	i.	Time Lost:	115 days 
	j.	Previous Discharges:	None 
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	42A10, Human Resources Specialist 
	m.	GT Score:	92 
	n.	Education:	HS Graduate 
	o.	Overseas Service:	None 
	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 27 June 2011, for a period of 4 years and 21 weeks.  She was 19 years old at the time of entry and a high school graduate.  She was trained in and awarded military occupational specialty (MOS) 42A10, Human Resources Specialist.  Her record documents no acts of valor or significant achievement.  She completed 1 year, 1 month, and 1 day of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 8 June 2012, 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.  

3.  On 18 June 2012, she submitted her request for voluntary separation under the provisions of Chapter 8, AR 635-200, by reason of pregnancy.

4.  On 18 June 2012, the unit commander recommended approval of the applicant’s request, with a general, under honorable conditions discharge.    

5.  In an undated memorandum, the separation authority approved the separation action with a general, under honorable conditions discharge.  

6.  The applicant was discharged from the Army on 27 July 2012, with a characterization of service of general, under honorable conditions.

7.  The applicant's record shows she was absent without leave (AWOL) during the period 27 January 2012 through 24 April 2012; however, it is not noted as time lost during the period under current review.  The records indicate she returned to military control at Fort Polk, LA.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 1 June 2012, AWOL (120127-120424).  The punishment consisted of reduction to the grade of E-1, forfeiture of $745 per month for two months (suspended), 45 days of extra duty and restriction, and oral reprimand, (FG). 

2.  Dropped from Roll Packet, dated 27 February 2012, which includes a preferred charge sheets and notification letters to the applicant’s next-of-kin. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none. 

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 an upgrade of the characterization of her discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issue she submitted, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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 record indicates she was properly notified as to the specific factors in her service record which would warrant a characterization of service of general, under honorable conditions. 

3.  Furthermore, the record confirms that the characterization of the applicant’s service was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By going AWOL misconduct, the applicant diminished the quality her service below that meriting a fully honorable discharge.  The applicant’s record of service was also marred by an Article 15 punishment for violation of the Uniform Code of Military Justice.

4.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

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

6.  The applicant desires to rejoin the Military Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.  



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  18 September 2013      Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  	NA 

Board Vote:
Character Change:  0	No Change:  5
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:	NA
Change RE Code to:		NA
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)		AR20130006007

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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