IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160002210 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 IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160002210 The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160002210 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 Department of Veterans Affairs (VA) eligibility to obtain a VA loan. In effect, she requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show more service credit. 2. The applicant states: a. Her commander counseled her concerning a pregnancy discharge; however, he failed to explain the loss of benefits due to the lack of service time. At the time her husband, who was on active duty and stationed at the same base, abused and harassed her daily. When her husband followed her home to Alabama, the commander would not intervene or charge him with being absent without leave. She would have completed her service obligation, but she received no cooperation from her supervisors with stopping the harassment from her husband. b. She needs help because 2 years ago she became disabled at 61 years of age. She has lost her home, but hopes to apply for assistance for cheaper housing. She acknowledges that she understood and signed documents stating she had to complete 8 years of Reserve service. She is making this request for eligibility to obtain a VA loan. She applied for a VA loan in 2015 and it was denied. Her husband at the time did not complete his service obligation, but he was eligible for a VA loan, or so he said. 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 was born in May 1953 and enlisted in the Regular Army (RA) on 22 January 1980 for 4 years. At the time of her enlistment, she was 26 years and 8 months of age. Item 12 (Military Service Obligation) of her DD Form 4/2 (Enlistment/Reenlistment Document – Armed Forces of the United States) states: If I enlist before my 26th birthday, I must serve a total of 6 years. Any part of that service not served on active duty must be served in a Reserve Component unless I am sooner discharged. 3. She completed basic combat training but did not complete advanced individual training. 4. Her records contain the following: a. DA Form 2496 (Disposition Form), dated 2 May 1980, stating she received counseling and elected to be discharged for pregnancy under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 8 (Separation of Enlisted Women for Pregnancy). By her signature, she acknowledged she had not been coerced or influenced by the counselor who was a female commissioned officer. She acknowledged she understood her entitlements. b. Statement of Pregnancy, dated 6 May 1980, issued by a medical doctor at the Obstetrics and Gynecology Clinic, Fort Huachuca, AZ, indicating her expected delivery date was 25 December 1980. c. A Pregnancy Counseling Checklist wherein she acknowledged that members who have not completed their military service obligation would be released from active duty and transferred to the Individual Ready Reserve (IRR) to complete their military service obligation. 5. On 7 May 1980, the applicant submitted a DA Form 4187 (Request for Personnel Action) requesting to be discharged under the provisions of chapter 8 of AR 635-200. Her immediate commander recommended approval. 6. On 7 May 1980, her intermediate commander also recommended approval of the discharge action. 7. On 8 May 1980, the separation authority approved the applicant's request for separation by reason of pregnancy and directed her transfer to the U.S. Army Reserve (USAR) Control Group (IRR) to complete her military service obligation. 8. Accordingly, she was honorably released from active duty on 15 May 1980 and she was transferred to the USAR Control Group (IRR) to complete her remaining service obligations. Her DD Form 214 shows she was credited with completing 3 months and 24 days of active service. The form lists in: * Item 25 (Separation Authority) – Paragraph 8-15a, AR 635-200 * Item 28 (Narrative Reason for Separation) – Pregnancy 9. Orders D-01-002769, issued by the USAR Personnel Center on 15 January 1986, honorably discharged her from the USAR effective 21 January 1986. REFERENCES: 1. AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel from the Army. The regulation stated in: a. Paragraph 6-3 – Soldiers of the Active Army and the Reserve Components could be discharged or released because of genuine dependency or hardship. The regulation provided that hardship existed when, in circumstances not involving death or disability of a member of a Soldier's (or spouse's) immediate family, separation from the Service would materially affect the care or support of the family by alleviating undue and genuine hardship. Under this provision for hardship discharge, parenthood of married service women and sole parenthood are the two conditions under which separation could be granted. b. Paragraph 6-3b(1) – a married Soldier who became a parent by birth, adoption, or marriage (stepparent) and whose child (or children) was less than 18 years of age and resided within the household, could apply for separation under hardship. The Soldier must submit evidence that the roles of parent and Soldier were incompatible and that the Soldier could not fulfill his/her military obligation without neglecting the child or children. c. Paragraph 8 – established the policy and procedures for the voluntary separation of enlisted women because of pregnancy. A pregnant Soldier would be counseled by her unit commander who would use a pregnancy counseling checklist to inform her of her options, entitlements, and responsibilities. The Soldier would be counseled that she could voluntarily request separation, that her discharge would be characterized as honorable or under honorable conditions, and would be advised of the specific factors within her service record warranting this type discharge characterization. 2. 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 28 – would list the reason for separation based on the regulatory or statutory authority DISCUSSION: 1. The evidence shows the applicant voluntarily requested separation for pregnancy after her company commander had counseled her as to her rights and entitlements. The separation authority approved her request and she was discharged accordingly prior to her expiration of her term of service. She was properly released from active duty in accordance with applicable regulations with no indication of any procedural violation of her rights. 2. She enlisted in the RA for 4 years on 22 January 1980 and she was separated on 15 May 1980. She completed 3 months and 24 days of active service. There is no evidence she completed any other period of active service. She was ultimately discharged from the USAR effective 21 January 1986, upon completion of her military service obligation. 3. VA loan eligibility is not within the purview of this Board. Additionally, the ABCMR does not grant relief solely for the purpose of qualifying an applicant for benefits. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2