IN THE CASE OF:  	Ms. 

      BOARD DATE:  	21 March 2014

      CASE NUMBER:  	AR20130012932
___________________________________________________________________________

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 the separation.

2.  The applicant states, in effect, she would like to join the Colorado National Guard to further her career and education in the healthcare field and become a nurse.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		16 July 2013
b. Discharge Received:		Honorable 
c. Date of Discharge:			5 November 2004
d. Reason/Authority/SPD/RE Code:	Pregnancy, AR 635-200, Chapter 8, MDF, RE-3
e. Unit of assignment:			HHC, 1st Engineer Battalion, Fort Riley, KS
f. Current Enlistment Date/Term:	17 October 2003, 3 years 
g. Current Enlistment Service:	1 year, 19 days
h. Total Service:			4 years, 1 months, 17 days
i. Time Lost:				None
j. Previous Discharges:		RA (000919-031016)/HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	91W10, Medical Specialist
m. GT Score:				102
n. Education:				GED Certificate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (030908-040718)
q. Decorations/Awards:		ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, 					OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 19 September 2000, for a period of 4 years.  She was 17years old at the time of entry with a GED Certificate.  She was trained in and awarded military occupational specialty (MOS) 91W10, Medical Specialist.  Her record also shows that she served a combat tour, earned several awards including an ARCOM, AGCM; and achieved the rank of SPC/E-4.  She was serving at Fort Riley, KS when her discharge was initiated.  






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 SPC/E-4.

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

3.  On 4 October 2004, Orders 278-0020, DA, HQS, 24th Infantry Division (Mech) and Fort Riley, Fort Riley, KS, discharged the applicant from the Army, effective date:  5 November 2004.

4.  The applicant’s available record does not contain any evidence of actions under the UCMJ or any unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains Discharge Orders Number 278-0020, dated 4 October 2004.

2.  A DD Form 214, dated 5 November 2004.

3.  An Article 15, dated 13 July 2004 for wrongfully having sexual intercourse with PFC K.J.L, a married man not her husband (040317); the punishment consisted of reduction to E-1, forfeiture of $647 pay, and extra duty for 45 days, (FG).  This Article 15 was submitted with the applicant’s application.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant stated in her application she earned a Bachelor’s Degree in healthcare administration and works for the Department of Defense (DoD).







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 was carefully considered.  However, after a careful review of the available 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 separation.

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, with a characterization of service of honorable.

3.  Barring evidence to the contrary, 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 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.  

5.  The applicant contends she would like to join the Colorado National Guard to further her career and education in the healthcare field and become a nurse.  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.

6.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.


7.  Also, 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 is 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.

8.  If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

9.  Therefore, based on the available evidence and the presumption of government regularity in the discharge process, it appears the narrative 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:  21 March 2014       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)		AR20130012932



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1