ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  22 July 2019

	DOCKET NUMBER:  AR20190006408


APPLICANT REQUESTS:  Correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show her narrative reason for separation as "Hardship" 
instead of "Pregnancy."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552 )
*	Standard Form 600 (Chronological Record of Medical Care), dated 18 July 1990
*	DA Form 3647 (Inpatient Treatment Record Cover Sheet), dated 4 December 
1990
*	Optional Form 275 (Medical Record Report), dated 9 January 1991
*	DD Form 214, for the period ending 25 February 1991

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S.  
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.  The applicant states:

	a.  Prior to her deployment to Saudi Arabia she was given a urine test, which 
showed she was not pregnant.  However, when she got to Saudi Arabia, she became 
very sick after one month.  She went to sick call and had lab work performed, which 
determined she was pregnant at the time of her deployment.  She was sent back to the 
U.S. and lost the baby.

	b.  She was 21 years old at the time of her discharge and lost the baby due to 
military error.  She never pursued any legal action but she is now trying to get a 
Department of Veterans Affairs (VA) home loan guarantee and the stated narrative 
reason is preventing her eligibility.  The VA has instructed her to request a change to 
"hardship" so this one word will not disqualify her from obtaining a VA home loan.
3.  The applicant enlisted in the Regular Army on 24 October 1989.

4.  The applicant's record contains a DA Form 4187 (Personnel Action), dated 
14 January 1991, which shows she requested discharge under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 8, due to 
pregnancy.  She indicated she was 11 weeks pregnant and requested a discharge date 
of 15 February 1991.  

5.  The applicant's commander recommended approval of her request for discharge.

6.  The separation authority approved the applicant’s separation on 21 January 1991, 
under the provisions of Army Regulation 635-200, Chapter 8, and directed that she 
receive a DD Form 256A (Honorable Discharge Certificate) and be transferred to the 
Individual Ready Reserve.

7.  The applicant was counseled on 13 February 1991 regarding her options for 
continued service after she became pregnant.  The applicant had previously elected to 
receive a Chapter 8 [administrative separation] for pregnancy.  She had a dilation and 
curettage (D&C) procedure performed by a doctor on 9 January 1991; however, 
following that procedure, she still elected to be separated from service.

8.  The applicant was honorably released from active duty on 25 February 1991.  Her 
DD Form 214 confirms she was separated under the provisions of Army Regulation 
635-200, Chapter 8, by reason of pregnancy.  Item 26 (Separation Code) contains the 
entry "MDF."  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for discharge upgrade requests.  
The Board considered the applicant’s statement regarding her separation and the 
feedback from the VA, the circumstances of her discharge and the narrative reason for 
her separation.  The Board determined while her reason for separation at the time was 
not in error, based on a preponderance of evidence, the current narrative reason for her 
discharge is unjust and that a correction is necessary. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by amending 
his DD Form 214 for the period of service ending 25 February 1991 to show in:

      - item 25 (Separation Authority) – “AR 635-200, Chap 5” vice “Chap 8”;
      - item 26 (Separation Code) – “MFF” vice “MDF”;
- item 28 (Narrative Reason for Separation) – “Secretarial Authority” vice 
“Pregnancy”.

  


	  
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 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, Army National Guard, and U.S. Army Reserve 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.  It states that the 
SPD code "MDF" is the appropriate code to assign to Soldiers separated under the 
provisions of Army Regulation 635-200, Chapter 8, by reason of pregnancy.

ABCMR Record of Proceedings (cont)	 AR20190006408

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