IN THE CASE OF:  	

      BOARD DATE:  	9 October 2013

      CASE NUMBER:  	AR20130006644
___________________________________________________________________________

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 narrative reason for 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 the separation.

2.  The applicant states, in effect, her discharge should be under hardship due to medical difficulties and abuse from her spouse.  She informed her commander or her decision to leave the Army when she was five weeks pregnant and her discharge paperwork was not completed until 29 June 2007.  She desires to receive VA benefits.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		1 April 2013
b. Discharge Received:		Honorable 
c. Date of Discharge:			29 June 2007
d. Reason/Authority/SPD/RE Code:	Pregnancy or Childbirth, AR 635-200, Chapter 8 						KDF, RE-3
e. Unit of assignment:			101st Chemical Company, Special Troops Battalion 						XVIII Airborne Corps, Fort Bragg, NC
f. Current Enlistment Date/Term:	14 July 2005, 5 years and 22 weeks
g. Current Enlistment Service:	1 year, 11 months, 16 days
h. Total Service:			1 year, 11 months, 16 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	74D10, Chemical Operations Specialist
m. GT Score:				100
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:		No
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 14 July 2005, for a period of 5 years and 22 weeks.  She was 18 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 74D10, Chemical Operations Specialist.  Her record does not show she earned any award for acts of valor or meritorious achievements, and she achieved the rank of PFC/E-3.  She was serving at Fort Bragg, NC when her discharge was initiated.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 1 March 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 16 May 2007, she submitted her request for voluntary separation under the provisions of Chapter 8, AR 635-200, by reason of pregnancy.

3.  On 17 May 2007, the unit commander recommended approval of the applicant’s request, with a general, under honorable conditions discharge.    

4.  On 8 June 2007, the separation authority approved the separation action with an honorable discharge.  

5.  The applicant was discharged from the Army on 14 July 2007, with a characterization of service of honorable.

6.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

She received an administrative General Officer Memorandum of Reprimand (GOMOR) dated, 29 March 2007, for having an inappropriate relationship with an NCO (SSG).

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, self-authored statement, Womack Army Medical Center, Case Review Committee, five pages, Birth Certificate, DA Form 3349 (Physical Profile), with three continuation pages, DA Form 2873 (Military Protective Order), Cumberland County Court Documents, nine pages, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.

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.

3.  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.

4.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KDF" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

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

2.  The applicant requested a change to the narrative reason for separation.  However, 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, for pregnancy or childbirth.  The regulation further stipulates that no deviation is authorized.  

3.  The applicant contends her discharge should be under hardship due to medical difficulties and abuse from her spouse.  The record of evidence shows the applicant submitted her request for voluntary separation under the provisions of Chapter 8, AR 635-200, by reason of pregnancy.  

4.  Further, regarding the abuse she suffered from her spouse is an issue of serious concern; however, this is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

5.  The applicant further contends she informed her commander or her decision to leave the Army when she was five weeks pregnant and her discharge paperwork was not completed until 29 June 2007.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record. 

6.  She desires to receive VA benefits.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or 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.

7.  Therefore, 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:  9 October 2013        Location: Washington, DC

Did the Applicant Testify:  No

Counsel:  None

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:		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)		AR20130006644



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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