BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150019088 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _x_______ ___x_____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150019088 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20140014308, dated 7 May 2015. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150019088 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of her previous request for correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 2 July 1990, to change her separation code from "MDF" to "CIWD" (Condition Interfered with Duties). 2. The applicant states: a. She served her country and was honorably discharged. There is no reason why she should not qualify for a Department of Veterans Affairs (VA) home loan program. She believes she was misguided during her out-processing from the military. She has learned that she was not advised of many things and this is one of them. Her concerns were addressed, but her concern were not put in writing. The Army Board for Correction of Military Records (ABCMR) stated "CIWD" is not an authorized code. However, she has been advised by a military official "CIWD" is a valid code. VA personnel advised her to request this code. For some reason, the code "MDF" is not allowing her to qualify for a home loan. The VA advised her to fight for correction of her military records so she can qualify for a home loan. b. Why she was not properly counseled at the time of her out-processing is beyond her. It is obvious that she is currently being provided improper information. The reason and timing of her separation should not interfere with her qualifying for a home loan, but it is. She is a single parent who is attempting to provide a better life for her family. She deserves this. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140014308, dated 7 May 2015. 2. The applicant submits new argument that warrants consideration by the Board. 3. The applicant enlisted in the Regular Army (RA) on 12 July 1989 and she held military occupational specialty 77F (Petroleum Supply Specialist). She was assigned to Fort Lee, VA. 4. On 5 May 1990, she was issued a temporary profile for pregnancy-post-partum, with an expiration date of 10 January 1991 (6 months after delivery). 5. On 18 May 1990, the applicant's immediate commander provided the applicant counseling regarding her pregnancy and her options (retention or separation), entitlements, and responsibilities in connection with her pregnancy. During her counseling, she did not indicate that either her pregnancy or the birth of her child might interfere with her ability to perform her military duties. 6. On 23 May 1990, after consulting with counsel, she acknowledged and affirmed this counseling and elected to be separated from active duty; however, she stated her desire to remain on active duty until at least 25 June 1990. 7. On 21 June 1990, she requested separation in accordance with Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Separations), chapter 8 (Separation of Enlisted Women – Pregnancy), with a discharge date of 21 June 1990. On the same date, her immediate commander recommended approval of her request and issuance of an honorable discharge. 8. On 22 June 1990, the separation authority approved her discharge and directed the issuance of an honorable discharge and separation program designator (SPD) code "MDF" (pregnancy), and transfer to the Individual Ready Reserve. 9. She was honorably released from active duty on 2 July 1990 and was transferred to the U.S. Army Reserve Control Group. Her DD Form 214 lists in: * Item 25 (Separation Authority) – AR 635-200, chapter 8 * Item 26 (Separation Code) – MDF * Item 28 (Narrative Reason for Separation) – Pregnancy REFERENCES: 1. AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 8 established policy and procedures and provided the authority for the voluntary separation of enlisted women due to pregnancy. It established that upon a positive determination of pregnancy, an enlisted female Soldier could elect to remain on active duty or request separation. The regulation stated in: a. Paragraph 8-5 (Responsibility of the Unit Commander) – The unit commander would direct an enlisted woman who believed she was pregnant, or whose physical condition indicated that she might be pregnant, to report for diagnosis by a physician at the servicing Armed Forces medical treatment facility. When service medical authorities determined an enlisted woman was pregnant, she would be counseled by her unit commander using the Pregnancy Counseling Checklist. The unit commander would explain that the purpose of the counseling was to provide information concerning options, entitlements, and responsibilities, and that she may upon request, be separated from active military service or elect to remain on active duty. 2. AR 635-5-1 (Separation Program Designator (SPD) codes) states the SPD Codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data. The regulation in effect at the time stated the SPD code "MDF" shown on the applicant’s DD Form 214 was applicable to Soldiers separated under the provisions of AR 635-200, chapter 8, by reason of pregnancy. 3. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 25 – would list the separation authority * Item 26 – would list the proper SPD representing the reason for separation * Item 28 – would list the reason for separation based on the regulatory or statutory authority DISCUSSION: 1. The applicant enlisted in the RA on 11 July 1989. She was issued a temporary profile for her pregnancy on 15 May 1990. She received and acknowledged the required counseling regarding her pregnancy. It appears, she did not indicate that either her pregnancy or the birth of her child might interfere with her ability to perform her military duties. After consulting with counsel, she elected to be separated from active military service. The separation authority approved her separation and she was separated accordingly. 2. Based on the authority and reason for the applicant's separation, she was properly assigned the SPD code of "MDF." This code was valid at the time of her separation and remains valid today. SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty The governing regulation in effect at the time did not list an SPD code of "CIWD" as being applicable for Soldiers discharged under the provisions of AR 635-200, chapter 8, by reason of pregnancy. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019088 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019088 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2