IN THE CASE OF:  	Ms. 

      BOARD DATE:  	23 June 2014

      CASE NUMBER:  	AR20130017111
___________________________________________________________________________

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 an upgrade of her uncharacterized discharge to honorable.

2.  The applicant states, in effect, she signed the request to be discharge from the military because of her pregnancy under duress.  She contends that her command threatened her with arrest, incarceration, and court-martial if she did not sign the documents.   She was not given the opportunity to consult with legal counsel regarding her rights nor was she given the opportunity to elect to remain on active duty and continue her service.  She believes her request should be granted based on the circumstances surrounding the discharge since she was presented with no other option.  She states she would like to use her veterans benefits under the Montgomery GI Bill to continue her education.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			16 September 2013
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				13 June 2007
d. Reason/Authority/SPD/RE Code:		Pregnancy or Childbirth, AR 635-200, Chapter
8, KDF, RE-3
e. Unit of assignment:				F Company 309th Military Intelligence 
Battalion, Fort Huachuca, AZ
f. Current Enlistment Date/Term:		3 January 2007/5 years
g. Current Enlistment Service:		5 months, 11 days
h. Total Service:				7 months, 12 days
i. Time Lost:					None
j. Previous Discharges:			DEP, 061017-070102, NA
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		None
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
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 3 January 2007, for a period of 5 years.  She was 22 years old at the time of entry and a high school graduate.  She was at advanced individual training (AIT) when her discharge proceedings were initiated.  Her record is void of any significant acts of valor and achievement.  She completed 7 months, and 12 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 9 May 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 6 June 2007, the unit commander recommended approval of the applicant’s request, with a general, under honorable conditions discharge.    

3.  On 7 June 2007, the applicant submitted her request for voluntary separation under the provisions of Chapter 8, AR 635-200, by reason of pregnancy.

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

5.  The applicant was discharged from the Army on 13 June 2007, with an uncharacterized discharge.

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

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, dated 12 September 2013, and a DD Form 214 covering the period under review.

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.

ANALYST’S 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 applicant’s separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service.  An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

3.  The applicant contends she was threatened by her commander with arrest, incarceration, and court-martial, if she did not sign the documents to request a discharge from the Army.  However, 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 her overall service record.  Further, the applicant made an election to be separated from the military and stated there was no coercion on the part of the commander to influence her decision.

4.  The applicant contends that an upgrade of her discharge would allow the use of the Montgomery GI Bill to further her education.  However, the Army Review Board Agency does not grant a change in discharge for the purpose of gaining access to veteran benefits.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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

6.  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:  23 June 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)		AR20130017111



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1