ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  8 October 2019

	DOCKET NUMBER:  AR20170018110


APPLICANT REQUESTS:  upgrade of discharge code.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
   DD Form 149 (Application for Correction of Military 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 (ABCMR) 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.  Applicant states she was never in trouble and was discharged back then for 
marriage which was allowed back in 1971.  She was never in trouble to have 
negative codes.  She does not believe that it should be against her with codes which 
can jeopardize her with any other situation that would need this document as proof 
of qualification for a program.  

3.  A review of her service records show:

	a.  She enlisted in the Regular Army on 30 January 1970.

	b. A copy of a state of Michigan marriage certificate dated 18 September 1970.

	c.  A DA Form 2496 (Disposition Form) requesting discharge under Army 
Regulation (AR) 635-200 (Personnel Separations Enlisted Separations), paragraph 
8-3, section II for reason of marriage dated 15 June 1971

	d.  On 15 June 1971, the company commander recommend approval for 
discharge for reason of marriage.

	e.  On 22 June 1971 the separation authority approved the discharge under the 
provisions of AR 635-200, section II, paragraph 8-3.
	f.  The applicant's DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) shows she was discharged on 29 July 1971, under the 
provision of AR 635-200, Chapter 8 with Separation Program Number (SPN) 220 
(marriage).  Her service was characterized as honorable.  She completed 1 year, 
and 6 months of net active service.

4.  By regulation 635-200 (in effect at the time), Chapter 8 establishes policy, sets 
forth procedures, and provides authority for discharge of enlisted women by reasons 
of marriage, pregnancy, or parenthood.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Board members noted that she requested discharge due 
to marriage.  Her chain of command approved it.  She was honorably separated due 
to that request.  She was assigned SPN Code 220.  Board members believe the 
applicant misunderstood the separation code (220).  The Board wished to inform the 
applicant that the current separation code is not derogatory and found no reason to 
change it.  

The Board wished to inform the applicant that if she is able to specifically indicate 
the exact error, she may reapply to this Board for reconsideration. 

   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 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) 635-200 states an enlisted woman may request discharge 
by reason of marriage. Commanders will approve such requests providing the 
applicant meets the following requirements:

	a.  Served at least 18 months on her current enlistment.

	b.  Completed all obligated periods of service incurred through schooling or 
promotion as required by .AR 600-200.

	c.  Served at least 6 months in the oversea command if application is submitted 
while serving overseas or subsequent to departure from home station en route to 
overseas.

3.  Type of certificate to be furnished and authority for discharge:

	a. An honorable or general discharge certificate will be furnished in accordance 
with section III, chapter 1.

	b. Authority (sec II, chap. 8, AR 635-200) and SPN 220 will be included in 
directive or orders directing the individual to report to the appropriate transfer 
activity.

ABCMR Record of Proceedings (cont)	 AR20170009517

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