PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 September 1999                   
	DOCKET NUMBER:   AR1999020935

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that her DD Form 214 be corrected to show she was transferred to the U. S. Army Reserve to complete her reserve obligation.

3.  The applicant states that she did not know she should have been in the U. S. Army Reserve.

4.  The applicant’s military records show that she enlisted in the U. S. Army Reserve (Delayed Entry Program) on 12 April 1991 for 8 years.  She enlisted in the Regular Army on 25 June 1991.  

5.  There is no evidence of record to show any type of disciplinary action was ever taken against the applicant.

6.  On 27 January 1993, the applicant requested separation by reason of pregnancy under the provisions of Army Regulation 635-200, Chapter 8.  The appropriate commander approved her request and directed she be issued an honorable discharge and not transferred to the Individual Ready Reserve (IRR).

7.  On 14 May 1993, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 8, pregnancy, with an honorable characterization of service, in pay grade E-3.  She had completed 1 year, 10 months and 20 days of creditable active service and had no lost time.  

8.  Army Regulation 635-200, Chapter 8 establishes the policy and procedures and provides the authority for the voluntary separation of enlisted women because of pregnancy.  It states that the criteria in Chapter 1, section VIII will govern whether the soldier will be released from active duty with transfer to the IRR or discharged.  Paragraph 1-36 states that, to retain potential mobilization assets, only those soldiers with no potential to meet mobilization requirements will be discharged.  It further states that transfer to the IRR to complete a statutory service obligation is mandatory for soldiers who have completed basic training and are separated for one of several reasons, including pregnancy (Chapter 8).  (Regular Army soldiers who have completed their statutory service obligation or who have less than 3 months of such obligation remaining will be discharged.)

9.  Army Regulation 135-91 defines Army National Guard and U. S. Army Reserve service obligations.  Effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Services.

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case.

2.  Army Regulation 635-200 is clear that soldiers who are separated for pregnancy and who have not completed their statutory service obligation will be transferred to the IRR and not discharged.  In addition, there is no evidence of record to indicate the applicant had no potential to met mobilization requirements and thus warrant discharge rather than transfer to the IRR.  She should have been transferred to the IRR to complete her 8-year statutory obligation, terminating on 11 April 1999.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was transferred to the IRR effective 15 May 1993 and discharged from the U. S. Army Reserve effective 11 April 1999.

2.  That the applicant’s DD Form 214 be corrected by changing block 6 to read 1999 04 11, block 9 to read USAR Control Group (Reinf) ARPERCEN 9700 Page Blvd St. Louis MO  63132, block 23 to read Relief from Active Duty, and block 26 to read MDF. 

BOARD VOTE:  

__sk____  __jea___  __klw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Stanley Kelley
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020935	
SUFFIX		
RECON		
DATE BOARDED	19990901	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.