IN THE CASE OF: BOARD DATE: 28 February 2012 DOCKET NUMBER: AR20110016031 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 correction of item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "medical" vice "pregnancy." 2. The applicant states: a. She was assigned to a postal unit in Germany and was 4 months pregnant in 1986 when she felt sick and went to see a doctor. She went to work, her water broke, and she was sent by ambulance to a military hospital. She was given medication to induce labor and the fetus was stillborn. She stayed in the hospital 3 weeks and was very depressed. She asked for a discharge and it was granted 2 weeks later. She wants the narrative reason for separation changed, as she had a stillbirth prior to separation and was no longer pregnant. b. She has been hospitalized for depression, schizophrenia, and addiction and cannot use the Department of Veterans Affairs (VA) hospital because she did not complete 2 years of service. She is currently receiving psychiatric services at a hospital in Baltimore, MD. 3. The applicant provides her DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's records show she enlisted in the Regular Army on 16 May 1985 and held military occupational specialty 71L (Administrative Specialist). She was assigned to the 61st Postal Detachment, Germany, on 22 January 1986. 3. The specific facts and circumstances surrounding her separation processing are not available for review with this case. However, the DD Form 214 she was issued shows she was honorably released from active duty on 18 December 1986 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 8, by reason of "pregnancy." She completed 1 year, 10 months, and 7 days of creditable active service. 4. Army Regulation 635-200, chapter 8, in effect at the time, allowed for the voluntary early separation of enlisted Soldiers because of pregnancy. In pertinent part, it stated the pregnancy diagnosis would be certified by a military physician. When pregnancy was the only medical condition upon which separation was based, separation would be accomplished without a medical evaluation board (MEB) or physical evaluation board (PEB). In circumstances of an abnormal pregnancy course, when a Soldier carried a pregnancy for 16 weeks or more, but then had an abortion, miscarriage, or an immature or premature delivery before separation was accomplished, the Soldier would have the option to be retained or separated per this chapter. DISCUSSION AND CONCLUSIONS: 1. The applicant's record is void of the specific facts and circumstances surrounding her release from active duty. However, her DD Form 214 shows she was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 8, by reason of a pregnancy. Releases from active duty under the provisions of Army Regulation 635-200, chapter 8, are voluntary requests for separation. Separations under this provision are allowed for the convenience of the Soldier. 2. In accordance with applicable regulations, when pregnancy was the only medical condition upon which separation was based, the separation would be accomplished without an MEB/PEB. If the Soldier carried a pregnancy for more than16 weeks and then had an abortion, miscarriage, or an immature or premature delivery, the Soldier had the option to be retained or separated per Army Regulation 635-200, chapter 8. 3. In the absence of evidence to the contrary, it is presumed her separation processing was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights. It appears her narrative reason for separation was correctly assigned based on her separation under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy. 4. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for VA or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his or her military records. 5. In view of the foregoing, there is insufficient evidence to grant the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X __ ____X___ ____X___ DENY APPLICATION 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 for correction of the records of the individual concerned. _________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. ABCMR Record of Proceedings (cont) AR20110016031 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110016031 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1