IN THE CASE OF:  	Ms. 

      BOARD DATE:  	30 May 2014

      CASE NUMBER:  	AR20130016303
___________________________________________________________________________

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 discharge.

2.  The applicant states, in effect, she is requesting the narrative reason for her discharge be changed to reflect her condition interfered with the performance of her duties.  She states she experienced a hardship when she and her spouse were to deploy at the same time.  She states her spouse was deployed during her pregnancy and she was discharged because she could not deploy with her unit before he returned.  She contends this caused a hardship for her family because she did not have family members who could care for their child.  She is no longer married and in the process of buying a home and could not qualify for a home loan due to her DD Form 214 (Certificate of Release or Discharge from Active Duty), does not state her separation was due to a hardship.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			3 September 2013
b. Discharge Received:			Honorable
c. Date of Discharge:				15 December 2006
d. Reason/Authority/SPD/RE Code:		Pregnancy or Childbirth, AR 635-200, Chapter
8, MDF, RE-3
e. Unit of assignment:				225th CS Medical Co, Schofield Barracks, HI
f. Current Enlistment Date/Term:		11 July 2005/4 years
g. Current Enlistment Service:		1 year, 5 months, 5 days
h. Total Service:				1 year, 5 months, 5 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		68W10, Healthcare Specialist
m. GT Score:					112
n. Education:					HS Graduate
o. Overseas Service:				Hawaii
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR, OSR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 11 July 2005, for a period of 4 years.  She was 19 years old at the time of entry and a high school graduate.  She served in Hawaii and did not earn any significant awards for acts of valor or achievement.  She completed 1 year, 5 months, and 5 days of active duty service.  When her discharge proceedings were initiated, she was serving in Schofield Barracks, Hawaii.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service 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 that on 15 December 2006, 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.  The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost

4.  The applicant was discharged from the Army on 15 December 2006, with a characterization of service of honorable.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

No information of relevance was found in the applicant’s permanent file.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, dated 29 August 2013, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of her 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 "MDF" as the appropriate code to assign enlisted Soldiers who are transferred or 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 "MDF" 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 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, 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, 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 "MDF" as the appropriate code to assign enlisted Soldiers who are transferred or 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 obtain a home loan in order to purchase her first home.  However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in the narrative reason 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.  

6.  Further, the Board does not grant relief for the purpose of accessing veterans’ benefits.

7.  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.

8.  Therefore, based on the available evidence and the presumption of government regularity in the discharge process, it appears the narrative reason for separation was both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance     Date:  30 May 2014      Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  No 

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)		AR20130016303



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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