ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20160017388 APPLICANT REQUESTS: the separation authority, separation code, and narrative reason for separation be changed on her DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) Excerpt for Disability Rating * VA Form 21-4138 (Statement in Support of Claim) * VA Form 22-1999 (VA Enrollment Certification) * Email from Mr. TB reference education benefits * Kirkwood Community College Transcript * VA Form 22-1990 (Application for VA Education Benefits) * Chapter 30 Department of Defense (DoD) Data Record * Letter from VA dated 8 April 2016 * Letter to Senator dated 27 July 2016 * Privacy Act Release Form FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant stats her DD Form 214 does not reflect her service connected disability, which is the valid reason for discharge. She would like the reason for separation on her DD Form 214, specifically blocks 25, 26, and 28, changed to reflect her service connected disability. 3. The applicant provides: a. A VA excerpt with disability ratings of post-traumatic stress disorder (PTSD) with a 70% rating and left knee chondromalacia with a 10% rating. b. A statement in support of her claim, dated 5 March 2016, which states she is seeking reconsideration of her claim for education benefits because VA failed to pay her benefits due to errors made by an employee which include benefits owed because of her separation and time served. . c. A VA Enrollment Certification, dated 4 March 2016, which captures eight enrollment periods between 24 August 1998 and 14 August 2001. d. An email from Mr. TB informed the applicant that education benefits were a little challenging to determine due to her separation, but if she had been separated for injury or illness she would have been eligible for 36 months of education benefits. He provides additional guidance on how to complete the VA Form 21-4138. e. Kirkwood Community College transcript, dated 4 March 2016, indicated she received an Associate of Applied Science with a major in Dental Hygiene. f. An Application for VA Education Benefits and Chapter 30 Department of Defense (DoD) Data Record accompany her application for education benefits and detail her administrative information, education objectives, and information regarding her time in service. g. A letter from VA, dated 8 April 2016, notifying the applicant her education benefits would not be paid because she was ineligible. She signed up for 3 years of service and due to the discharge for pregnancy, she would have had to complete 30 months in order to be eligible for benefits. h. A letter to the applicant’s Senator, dated 27 July 2016, provided guidance on submitting a review of the applicant’s military record to the Army Board for Corrections of Military Records (ABCMR). i. The applicant’s Privacy Act Release Form authorized the Senator and her staff to discuss the results of the inquiry. 4. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 20 September 1995. b. On 17 April 1997, she received a physical profile for pregnancy. c. On 6 May 1997, her immediate commander counseled her on available options for retention or separation in service under the provisions of Army Regulation (AR) 635- 200 (Personnel Separations – Enlisted Personnel), paragraph 8-9 (Pregnancy Counseling). The applicant acknowledged receipt of the counseling on the same day and signed the statement which noted she had 7 days to elect an option. d. On 8 May 1997, the applicant signed a statement and notified the commander she elected to be discharged for reason of pregnancy and requested to remain on active duty until 18 July 1997. e. On 9 June 1997, the separation authority approved the separation request under the provisions of AR 635-200, Chapter 8, with a 24 June 1997 date of separation and ordered she be transferred to the Individual Ready Reserve. She would be issued an Honorable Discharge Certificate. f. Orders 168-0270, dated 17 June 1997, stated the applicant was released from active duty not by reason of physical disability. g. She was honorably released from active duty on 24 June 1997. Her DD Form 214 shows she completed 1 year, 9 months, and 5 days of active service. 5. By regulation, a. AR 635-5, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. b. AR 635-5-1, prescribes the specific authorities and the separation program designator (SPD) codes to be entered on the DD Form 214. Table 2-3 provides SPD codes applicable to enlisted personnel. The “MDF” code is assigned for the voluntary release from active or transfer of a Soldier for pregnancy or childbirth, listed as the narrative reason, and AR 635-200, chapter 8, as the regulatory authority. b. AR 635-200, Chapter 8, states when pregnancy is the only medical condition upon which separation is based, separation will be accomplished without a medal or physical evaluation board. If there are medical conditions which disqualify the enlisted woman for retention, processing will be accomplished per AR 40-3 and AR 635-40. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Her record shows she was discharged from active duty after voluntarily requesting the separation due to pregnancy. The Board agreed the service-connected findings from the VA does not affect her DD Form 214. A VA rating does not establish an error or injustice by the Army. The Army rates only conditions, determined to be physically unfitting at the time of discharge, which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge or retirement, to compensate the individual for loss of civilian employability. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 3. AR 635-5-1 (Separation Program Designator Codes), currently in effect, prescribes the specific authorities and the separation program designator (SPD) codes to be entered on the DD Form 214. Table 2-3 provides SPD codes applicable to enlisted personnel. The “MDF” code is assigned for the voluntary release from active or transfer of a Soldier for pregnancy or childbirth, listed as the narrative reason, and AR 635-200, chapter 8, as the regulatory authority. 4. AR 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. Chapter 8, paragraph 8-8c states when pregnancy is the only medical condition upon which separation is based, separation will be accomplished without a medical or physical evaluation board. If there are medical conditions which disqualify the enlisted woman for retention, processing will be accomplished per AR 40-3 and AR 635-40. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160017388 4 1