DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1429-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. §1552 (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 Encl: (1) DD Form 149 with attachments (2) Case Summary 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to reflect a change in her separation code. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 31 March 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken. Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Petitioner enlisted in the Navy and began a period of active duty on 10 April 1989. Unfortunately, the documents pertinent to Petitioner’s administrative separation were not in her official military personnel file (OMPF). However, Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), reveals that she was separated from the naval service on 15 October 1990, with an honorable characterization of service, her narrative reason for separation is “Pregnancy/Childbirth,” her separation code is “MDF,” (which corresponds with pregnancy or childbirth) and her reenlistment code is “RE-3G.” c. Petitioner asserts that she was not eligible to deploy with her squadron because she was pregnant and married to another service member, and therefore, she was offered separation and informed it was convenience of the government. She contends that pregnancy was considered a “convenience of the government” at the time of her discharge, however, this has since changed. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. The Board reviewed Petitioner’s application under the guidance provided in reference (b). Specifically, the Board considered whether Petitioner’s application was the type that was intended to be covered by this policy. In light of reference (b) and applying liberal consideration, the Board determined that the record shall be corrected. The Board concludes Petitioner’s separation code shall be changed to “KDF,” (which corresponds to involuntary discharge for pregnancy). RECOMMENDATION: In view of the above, the Board directs the following corrective action: That Petitioner be issued a DD Form 215 indicating her separation code “KDF.” No further action be granted. That a copy of this report of proceedings be filed in Petitioner’s naval record. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 5/4/2021 2