ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 May 2019

	DOCKET NUMBER:  AR20170004172


APPLICANT REQUESTS:  a change to the narrative reason for separation.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* Online DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 669 (Army Continuing Education System Record)

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 states, in effect, she was originally being chaptered due to not having a family care plan (FCP); however, during the separation process she became pregnant.  Further stating:

   a. Her battalion commander changed the chapter from hardship to pregnancy.  At the time, she was a scared 19-year old, unsure of what was going on, and believed that the military had the final say as to what chapter she would be discharged for.  

   b. She already had a child and having another one would not prevent her from doing her job.  The issue was that she did not have a FCP.  Following her discharge, she was reassigned to a reserve unit.  She informed them that she did not have a FCP. 

   c. She came across her DD Form 669.  She points out that page 2 of the DD Form 669 reflects everything that she previously stated regarding the original chapter that she was supposed to receive versus the chapter she actually received. 

3.  The applicant provides a copy of her DD Form 669, which reflect the following:

   a. On 19 December 2001, it was noted by Ms. X___, the "SM (service member) did not have orders.  She had a memo from CPT X___.  SM is getting out under chapter 8, pregnancy.  It was explained she would lose MGIB (Montgomery G.I. Bill), she did not meet 30 month rule." 

   b. On 13 November 2001, it was noted by X___, "per memo, Soldier is pending separation under chapter 5-8.  With honorable separation and correct SPD Code, can receive MGIB under PL 101-510.  Needs to return when orders ready."

4.  Review of the applicant's service records show:

	a.  She entered active duty on 31 August 2000.

	b.  The complete facts and circumstances surrounding her separation are not available for review.  Her DD Form 214 reflects she was released from active duty on 
28 January 2002, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 8, pregnancy, with a characterization of service of honorable.  She completed 1 year, 4 months, and 28 days of active service.  The DD Form 214 also shows in: 

* Item 23 (Type of Separation) - Release from Active Duty
* Item 26 (Separation Code) - MDF
* Item 27 (Reentry Code) - 3
* Item 28 (Narrative Reason for Separation) - Pregnancy 

5.  By regulation, Soldiers separated under the provisions of Army Regulation (AR) 
635-200 (Personnel Separations - Enlisted Personnel), chapter 8, pregnancy, are assigned the Narrative Reason for Separation as "pregnancy."

6.  The Board should consider the applicant's submissions in accordance with the published equity, injustice, or clemency determination guidance.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Based upon the documentary evidence, the Board determined that applicant failed to show an injustice or error that would warrant correcting the record.  Additionally, the Board found no corroborating evidence to show the applicant’s administrative reason for separation changed at any time during processing.
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.  AR 635-200, sets forth the basic authority for the separation of enlisted personnel.  Chapter 8 of that regulation provides, in pertinent part, authority for voluntary separation of enlisted women because of pregnancy.  This chapter applies to all Active Army enlisted women.  If the Soldier is beyond entry-level status, her service will be characterized as honorable or under honorable conditions per chapter 3, section II.


ABCMR Record of Proceedings (cont)	 AR20170004172


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