ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20170005802


APPLICANT REQUESTS:  to add “condition interfered with duty” to the narrative reason 
for separation
 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 when being chaptered out due to pregnancy, she was not 
informed that it was not mandatory.  It was not explained that she could remain in the 
military pregnant.  Nothing was explained to her about how it would affect benefits.  At 
nineteen, she thought a combat veteran was a combat veteran and entitled to all that 
comes with being a veteran.  It is disheartening to learn years later that she could have 
remained in the military, continued her duties and have full entitlement to benefits that 
she earned.  There wasn’t adequate information provided to her and she didn’t know 
who to ask.  

3.  A review of the applicant’s service record shows:

	a.  She enlisted in the Regular Army on 13 July 1990.

	b.  A statement of counseling was done, which documented her counseling session 
outlining her option to remain on active duty or to separate from the Army due to her 
pregnancy.  On 16 September 1991, she elected discharge for reason of pregnancy 
under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted 
Personnel), chapter 8 (Pregnancy).

	c.  The applicant’s commander recommended approval of her request for discharge 
in accordance with chapter 8, Army Regulation 635-200, for pregnancy on a personnel 
action request dated 25 October 1991.

	d.  She was released from active duty on 27 November 1991, under the provisions 
of Army Regulation 635-200, chapter 8.  Her DD Form 214 shows in item: 

*	23 (Type of Separation) – Release from Active Duty
*	24 (Character of Service) – honorable  
*	25 (Separation Authority) – AR 635-200, chapter 8 
*	26 (Separation Code) – MDF
*	27 (Reentry Code) – 2 
*	28 (Narrative Reason for Separation) – pregnancy  

4.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the 
separation of enlisted personnel.  Chapter 8 of that regulation provided, in pertinent 
part, that if an enlisted woman is pregnant, she would be counseled by the unit 
commander using the pregnancy counseling checklist.  The unit commander would 
explain that the purpose of the counseling was to provide information concerning 
options, entitlements, and responsibilities and that the Soldier could, upon request, be 
separated per this chapter or remain on active duty.  It also states that the Soldier would 
sign part one of the Statement of Counseling and be granted at least 7 days to consider 
the options available.  She would indicate her election by completing part two of the 
Statement of Counseling.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.  

The Board considered the applicant's statements and the records documenting her 
separation processing.  The Board found that she was fully advised of the options 
available to her, to include her option to remain on active duty.  

The administrative record shows her chain of command adhered to the administrative 
requirements for the type of separation she received.  The available records show no 
evidence of error or injustice in the narrative reason for separation recorded on her DD 
Form 214.




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 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  Chapter 8 establishes policy and procedures and provides authority for 
voluntary separation of enlisted women because of pregnancy.  This chapter applies to 
all Active Army enlisted women and Army National Guard (ARNG) and USAR enlisted 
women ordered to active duty.  Enlisted women who are medically diagnosed as being 
pregnant may, after her unit commander has counseled her concerning her options, 
entitlements, and responsibilities, request separation under this chapter. 

3.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides 
the specific authorities (regulatory or directive), reasons for separating Soldiers from 
active duty, and the SPD codes to be entered on the DD Form 214.  At the time the 
applicant served the SPD code of MDF was the appropriate code to assign Soldiers 
separated under the provisions of chapter 8, Army Regulation 635-200, by reason of 
pregnancy or childbirth.  


ABCMR Record of Proceedings (cont)	 AR20170005802

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