APPLICANT REQUESTS:  That the narrative reason for her separation be changed to convenience of the government and that the monies she paid in to the VA educational benefit program be refunded.

APPLICANT STATES:  In effect, that she was discharged for pregnancy.  She realized that on her salary she could not afford to live off-post.  This was a hardship.  She contributed to the educational program, she should be entitled to a refund of those monies since the VA has denied her the use of the benefits.

EVIDENCE OF RECORD:  The applicant’s military records show:

She enlisted in the Regular Army on 27 June 1986 for 2 years.  One of her enlistment options was for the U. S. Army College Fund Program.  She acknowledged that she was automatically enrolled in the All-Volunteer Force Educational Assistance Program (AVFEAP) and that she was eligible for the     U. S. Army contribution to the AVFEAP unless she disenrolled during the first two weeks of active duty.  She also acknowledged that she understood she would forfeit entitlement to this contribution if she failed to complete her initial term of enlistment unless discharged for service-connected disability, hardship or convenience of the government.  If discharged for the convenience of the government, a 2-year enlistee must have completed 20 months of his/her term of enlistment.

On 9 February 1987, the applicant was counseled by her unit commander concerning her pregnancy and her entitlements and responsibilities.  She initialed her acknowledgment of all items on her counseling checklist.  She was offered the option of remaining on active duty to fulfill the term of her enlistment contract but elected instead separation by reason of pregnancy.

On 10 February 1987, the applicant formally requested separation under the provisions of Chapter 8, pregnancy, Army Regulation 635-200.  She noted her expected delivery date was 3 September 1987.  Her request was approved this date.

On 16 February 1987, the applicant married.

On 4 May 1987, the applicant was relieved from active duty, in pay grade E-2, and transferred to the U.S. Army Reserve Control Group (Annual Training).  Her service was characterized as honorable.  She had completed 10 months and     8 days of creditable active service and had no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 8 of that regulation states, in pertinent part, that an enlisted woman who is medically diagnosed as being pregnant may, after her unit commander has counseled her concerning her options, entitlements and responsibilities, request separation under this paragraph.

Army Regulation 635-200, Chapter 6, states, in pertinent part, that a soldier, including a married service woman who becomes a parent by birth or a soldier who becomes a sole parent, may be separated for hardship when separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.  Supporting evidence is required, but in these two cited instances an affidavit from the soldier’s immediate commander or officer who is the job supervisor will be considered sufficient to substantiate the applicant’s claim.

On 28 August 1998, the Army Discharge Review Board (ADRB) denied the applicant’s request for a change of narrative reason for separation.

DISCUSSION:  Considering all the evidence, allegations and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:  

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant did not meet the regulatory guidance for a hardship discharge at the time of her separation.  

3.  Separation under the provisions of Chapter 8, pregnancy, Army Regulation 635-200 properly met the applicant’s circumstances.  Her commander counseled her and advised her that she had the option to remain on active duty.  The applicant completed the pregnancy counseling checklist and voluntarily elected separation.

4.  The application has provided no justification for changing her narrative reason for separation to convenience of the government.  Upon her enlistment, she acknowledged that she would forfeit her contributions and entitlement to educational benefits if she did not complete her initial term of service.  In addition, a change to convenience of the government would still not entitle her to educational benefits as she did not complete the required 20 months of her       2-year enlistment.

5.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrated the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

           			                   Loren G. Harrell
					        Director