MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:  27 August 2002
DOCKET NUMBER:  AR2002065462

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

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Arthur A. Omartian		Member	

The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military 
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)

APPLICANT REQUESTS:  That item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry "Hardship" instead of "Pregnancy," and that she receive her education benefits.

APPLICANT STATES:  That she was informed that her narrative reason for separation would be "Hardship" and was informed that under hardship she would be entitled to Veterans Administration (VA) benefits.  In support of her application, she submits a copy of her DD Form 214.

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

She enlisted on 4 April 1991, as a multichannel communications systems operator, for a period of 4 years.

On 13 January 1992, the applicant submitted a formal personnel actions request for separation under the provisions of Army Regulation 635-200, chapter 8, for pregnancy.  She also requested that she remain on active duty unit 1 June 1992.

The applicant’s request was processed and approved by the appropriate authority on 16 January 1992, who directed issuance of an Honorable Discharge Certificate.  

On 30 March 1992, the applicant requested withdrawal of her approved discharge for pregnancy, which was denied.  

The applicant was discharged on 1 June 1992, under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy.  She had a total of 1 year,       1 month, and 28 days of creditable service.

The applicant applied to the Army Discharge Review Board (ADRB) for a change in her narrative reason for separation on 26 December 2001.  The ADRB determined that her discharge was proper and equitable and denied her request for a change in her narrative reason for separation on 8 March 2002.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 8 of that regulation pertains to separation of enlisted women-pregnancy.  Chapter 6 provides for the separation of personnel because of genuine dependency or hardship.  Separation under this chapter is for the convenience of the government.  An application for such separation will be approved when a service member can substantiate that his/her situation or immediate family’s situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary, and that discharge will improve the situation.

Paragraph 6-3b, provides for the separation due to hardship.  A hardship exists when, in circumstances not involving death or disability of a member of the soldier's (or spouse’s) immediate family, separation from the service will materially affect the care or support of the family by alleviating undue and genuine hardship.

The Education Incentive Branch of the US Total Army Personnel Command has established policy relating to early separation for the Convenience of the Government.  The policy is that certain narrative reasons for separation describe something other than Convenience of the Government, but, in fact, are separations for the Convenience of the Government.  The most common paragraphs in Army Regulation 635-200, which fall into this category, are 5-3 (usually Convenience of the Government), 5-4 (surviving family members), 5-8 and 6-3b(1) or (2) (Parenthood), 5-17 (Early Separation to Further Education), Chapter 8 (Pregnancy), paragraph 16-2 (ROTC) and 16-12 (Holiday Early Transition Program).  The Education Incentive Branch has also determined that separation for parenthood is not considered hardship for Montgomery GI Bill (MGIB) purposes, but is a Convenience of the Government separation as stated in Army Regulation 635-200, paragraph 6-1.  

The GI Bill, as outlined in Title 38, United States Code, chapter 30, section 1411b, provides for soldiers who entered the service after 30 June 1985 to contribute $1,200.00 to the program during their first 12 months of service.  Participation in the program is automatic, unless the soldier voluntarily withdraws from the program at the time of processing into the Army at a reception station.  Under normal situations, the $1,200.00 contribution is nonrefundable.  The program is administered by the VA after the soldier is separated from active duty.

Under VA regulations, service members must serve at least 20 months of a service obligation of less than 3 years, or 30 months of a service obligation of
3 years or longer to be eligible to qualify for the MGIB.  There are only four exceptions: 1) a discharge for a service-connected disability; 2) a hardship discharge; 3) a discharge for a pre-existing medical condition; or, 4) an involuntary separation due to reduction in force.  In all cases, the soldier's service must be considered fully honorable.  

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.  The evidence of record clearly shows that the applicant requested to be discharged under the provisions of Army Regulation 635-200, chapter 8, for pregnancy.  This separation was administratively correct and in conformance with applicable regulations.  Accordingly, her DD Form 214 properly reflects the appropriate narrative reason for separation.

2.  Based on policy and guidance in effect at the time of the applicant's discharge, separation under the provisions of Army Regulation 635-200, paragraph 8, for pregnancy is not considered a hardship discharge for MGIB 
purposes, but is considered a separation for the Convenience of the Government 

3.  The applicant is not eligible for the VA benefits under the MGIB based on the fact that she did not complete at least 30 months of her enlistment and did not meet the exception criteria. 

4.  The Board notes the applicant's contentions that she was informed that her separation would be "Hardship" and that under hardship she would be entitled to VA benefits.  However, there is no evidence in the available records, and the applicant has provided no evidence, to support her contentions.

5.  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 this requirement.  

6.  In view of the foregoing, there is no basis for granting the applicant’s request.

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

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__iw___  ___tl___  ___ao_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX
CASE ID	AR2002065462	
SUFFIX		
RECON		
DATE BOARDED	20020827	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920601	
DISCHARGE AUTHORITY	AR 635-200, chap 8	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  191		
2.		
3.		
4.		
5.		
6.