ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20180015441


APPLICANT REQUESTS:  the following corrections to her DD Form 214 (Certificate of 
Release or Discharge from Active Duty):

*	Item 25 (Separation Authority) to show "Army Regulation 635-200 (Personnel 
Separations – Enlisted Personnel), Chapter 5-8 (Inability to perform prescribed 
duties due to parenthood)" instead of "Army Regulation 635-200, Chapter 8 
(Pregnancy)"
*	Item 28 (Narrative Reason for Separation) to show "Parenthood" instead of 
"Pregnancy"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Endorsement, dated 5 December 1990
*	DD Form 214

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, the separation authority and narrative reason for 
separation listed on her DD Form 214 are incorrect.  She discovered the error when the 
Department of Veterans Affairs (VA) denied her health and medical benefits in 2015.  
The VA denied her benefits because her DD Form 214 states she was discharged due 
to pregnancy.  She believes that correcting her DD Form 214 to show she was 
discharged for parenthood would correct this problem.

3.  The applicant's military record contains a DD Form 1966 (Record of Military 
Processing – Armed Forces of the United States), which she completed during her 
enlistment process.  Pages 1 and 2 of this form show the applicant was unmarried, had 
no dependents, and had no children.  
4.  The applicant enlisted in the Regular Army 13 September 1989.

5.  On 11 June 1990, the applicant's commander counseled her concerning the 
decisions the applicant would have to make in connection with her pregnancy.  The 
purpose of the counseling was to inform the applicant of the options, entitlements, and 
responsibilities in connection with her pregnancy.  On this same day: 

     a.  The applicant affirmed that she had been counseled by her commander on all the 
items included on an attached counseling checklist (not included) and she understood 
her entitlements and responsibilities.

     b.  The applicant affirmed that she understood that If she elected separation she may 
receive maternity care at Department of Defense expense, on a space available basis 
for up to 6 weeks postpartum for the birth of her child only in a military medical 
treatment facility which has maternity care capability.

     c.  The applicant affirmed that she understood that she may elect a separation of no 
later than 30 days prior to expected date of delivery, or latest date her physician would 
authorize her to travel, whichever was earlier.

     d.  The applicant affirmed that she understood that unforeseen circumstances or 
medical emergency could force her to use civilian medical treatment facilities following 
separation from active duty and should this happen, she fully understand that under no 
circumstances could CHAMPUS, any military department, or the Veterans 
Administration reimburse her civilian maternity care expense.

     e.  The applicant affirmed that she understood that the separation authority, in 
conjunction with her military physician and the need of the Army, would determine her 
separation date.

     f.  The applicant affirmed that she also understood that if she elected to remain on 
active duty she that she must remain available for unrestricted service on a worldwide 
basis when directed and that she would be afforded no special consideration in duty.

     g.  The applicant was given 15 days to make an election and return her election to 
her commander.  The applicant indicated on the election form that, during the 
counseling session, there was no coercion on the part of the counselor.  The applicant's 
noted election states, "I elect separation for reasons of pregnancy per Chapter 8.  I 
desire to remain on active duty until 1 December 1990."

6.  On 26 September 1990, the applicant signed a DA Form 4187 (Personnel Action), 
wherein she requested separation under the provisions of Army Regulation 635-200, 
chapter 8, for pregnancy, and she requested a separation date of 27 November 1990.  .  
This form shows that the applicant's statement and a military physician's statement 
were attached.  The applicant's commander recommended approval on 26 November 
1990.
  
     a.  The applicant's statement, dated 27 November 1990, states, "I… do hereby 
request separation form the United States Army under the provisions of Chapter 8-9(a) 
of Army Regulation 635-200.  I would like to devote my time and energy to caring for my 
baby and, as a single parent, don't feel I can do so while maintaining the standard of 
duty the Army is entitled to expect from me."

     b.  The physician's statement , dated 27 November 1990, states, the applicant "is 
27 weeks pregnant and can use air transport up to her 34th week of pregnancy."

7.  The appropriate authority approved the applicant's separation under the provisions of 
Army Regulation 635-200, chapter 8 and directed she receive an honorable 
characterization of service.

8.  The applicant was honorably separated from active duty on 20 December 1990.  Her 
DD Form 214 contains the following entries:

*	Item 25 (Separation Authority) - Army Regulation 635-200 (Personnel 
Separations – Enlisted Personnel), Chapter 8 
*	Item 28 (Narrative Reason for Separation) - Pregnancy

9.  Army Regulation 635-200, in effect at the time provided that separation under the 
provisions of Chapter 5-8 were involuntary separation for the convenience of the 
government, predicated on a Soldier's inability to perform their prescribed military duties 
due to parenthood.  However, separation under the provisions of chapter 8, for 
pregnancy, was a voluntary separation.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, her record of 
service, available medical evidence, the reason for her separation and the date of her 
separation in relation to the birth of her child.  The Board found in the evidence, that at 
the time of her separation she was without dependents.  Based upon a preponderance 
of evidence, the Board determined that the separation authority and narrative reason for 
her separation were not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
?
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
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, in effect at the time of the applicant's separation, set 
policies, standards, and procedures to insure the readiness and competency of the 
force while providing for the orderly administrative separation of enlisted members for a 
variety of reasons.

     a.  Chapter 5 (Separation for Convenience of the Government) stated, the 
separation of any enlisted member of the Army being separated under the provisions of 
Chapter 5, for the convenience of the government, was the prerogative of the Secretary 
of the Army (SA); except as delegated by special DA directives, it was accomplished 
only the SA's authority.  The separation of any enlisted member of the Army under this 
authority would be based on an SA determination that separation was in the best 
interests of the Army.  Before involuntary separation under this paragraph, proper 
notification procedures were required.

          (1).  Section IV (Other Convenience of the Government Policies) included 
separations under the provisions of Chapter 5, paragraph 8 (Inability to perform 
prescribed duties due to parenthood).  This paragraph prescribed the procedures for 
separation because of inability to perform prescribed duties, repeated absences, or 
nonavailability for worldwide assignment as a result of parenthood.  

          (2)  Separation processing was not authorized to be initiated under this 
paragraph until the member had been adequately counseled concerning the 
deficiencies.

          (3)  If separation was appropriate for the reasons stated above, the unit 
commander was required to take action to initiate notification procedures.  

          (4)  Commanders who were general court-martial convening authorities and their 
superior commanders and a general officer in command who had a judge advocate or 
legal counsel were authorized to order separation under the provisions of chapter 5-8.  

     b.  Chapter 8 (Separation of Enlisted Women-Pregnancy) established the policy and 
procedures, and provided authority for voluntary separation of enlisted women because 
of pregnancy.  This chapter applied to all Active Army enlisted women.  

          (2)  Commanders who were general court-martial convening authorities and their 
superior commanders and a general officer in command who had a judge advocate or 
legal counsel were authorized to order separation under the provisions of chapter 8.  

          (3)  The unit commander will direct an enlisted woman who believes that she is 
pregnant, or whose physical condition indicates she might be pregnant, to report for 
diagnosis by a physician at the servicing Armed Forces medical treatment facility.  
When service medical authorities determine that an enlisted woman is pregnant, she 
will be counseled and assisted as required.  A physician on duty at an Armed Forces 
medical treatment facility will certify the pregnancy diagnosis in writing as soon as 
possible.  The certification will be sent to the separation authority as an enclosure if the 
enlisted woman applies for separation.  

          (4)  If an enlisted woman is pregnant, she will be counseled by the unit 
commander.  The unit commander will explain that the purpose of the counseling is to 
provide information concerning options, entitlements, and responsibilities, and that she 
may, upon request, be separated under the provisions of chapter 8.  She may request a 
specific separation date.  However, the separation authority and her military physician 
will determine the separation date.  The date must not be later than 30 days before the 
expected due date of delivery, or the latest date her military physician will authorize her 
to travel to her home of record or destination, whichever is earlier.  


ABCMR Record of Proceedings (cont)	 AR20180015441
	
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