ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 July 2019

	DOCKET NUMBER:  AR20180004623


APPLICANT REQUESTS:  an upgrade of her uncharacterized discharge to honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Texas Driver License

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 she was discharged with an honorable medical discharge.  She was pregnant and given the option to honorable discharge.  She took the discharge because the stress was making her miscarry.  

3.  The applicant provided the following”

a.  DD Form 214 with her period of service from 25 October 1988 to 3 February
1989.

b.  Driver License issued by the state of Texas, showing her current last name.

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

a. She enlisted in the Regular Army on 25 October 1988.  

b. On 13 January 1989, she attended advanced individual training (AIT) at Fort
Huachuca, AZ.
   c.  A statement of counseling, dated 18 January 1989, which documented her counseling session outlining her option to remain on active duty or to separate from the Army due to her pregnancy.  On 18 January 1989, she elected discharge for reason of pregnancy under the provisions of chapter 8, Army Regulation (AR) 635-200, (Personnel Separations – Enlisted Personnel).  

d. On 18 January 1989, the applicant’s commander recommended approval of her
request for discharge.  

   e. On 19 January 1989, the separation authority approved the applicant's discharge action and directed the applicant be discharged under the provisions of chapter 8, AR 635-200, with an uncharacterized discharge. 

	f.  On 3 February 1989, she was discharged from active duty.  Her DD Form 214 shows she was discharged in accordance with chapter 8 of AR 635-200, separation program number (SPN), KDF; discharge due to pregnancy, with an uncharacterized characterization of service.  She completed 3 months and 9 days of net active service.  It also shows she was awarded or authorized: Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	g.  There is no evidence the applicant has applied to the Army Discharge Review Board for review of her discharge within that board's 15-year statute of limitations.

5.  By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status.  During the first 180 days of continuous active military service, a member's service is under review. 

	a.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The governing regulation provides that a separation will be described as uncharacterized, if the separation action is initiated within the first 180 days of active duty service.  As such, his DD Form 214 properly shows her service as uncharacterized.

An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request.  

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) 635-200 (Personnel Separations – Enlisted Personnel) 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 and United States Army Reserves 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. 

   a.  Paragraph 3-7a states an (Honorable Discharge) is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  

   b.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.  An uncharacterized description of service was required for separation under this chapter.   Chapter 3 describes the different types of characterization of service.  It states an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when:

		(1)  Characterization under other than honorable condition is authorized under the reason for separation, and is

		(2)  Warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 

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

ABCMR Record of Proceedings (cont)	 AR20180004623


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