ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 October 2019 

	DOCKET NUMBER:  AR20190009430


APPLICANT REQUESTS:  upgrade of her uncharacterized character of service to 
honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Army Discharge Review Board)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed 
Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  
Claims Incident Thereto).  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, in effect, she received an uncharacterized character of service 
due to being pregnant.

3.  The applicant's service records show:

	a.  She enlisted into the Regular Army on 5 December 1988 for a 4-year term; she 
was 18 years old.  Orders directed her to Fort Jackson, SC to complete basic combat 
training (BCT); she arrived on 9 December 1988.

	b.  While participating in BCT at Fort Jackson, SC, the applicant realized she might 
be pregnant; on 13 January 1989, a Physical Profile Board affirmed the applicant was 
pregnant, that the estimated due date was 16 September 1989, and that the applicant 
could not fully participate in the training required to complete BCT; the board 
recommended discharge under the provisions of chapter 11 (Entry-Level Status 
Performance and Conduct), Army Regulation (AR) 635-200 (Personnel Separations – 
Enlisted Personnel).

	c.  On 17 January 1989, the applicant's BCT commander advised her in writing of his 
intent to separate her under paragraph 11-3b (Separation Policy) because she could not 
fully participate in the training required to complete BCT.  Also on 17 January 1989, the 
applicant acknowledged the commander's notification; she indicated she did not desire 
to consult with counsel and did not wish to make a statement in her own behalf.

	d.  On 17 January 1989, in the applicant's BCT commander's recommendation to the 
separation authority, he stated the applicant failed to meet minimum standards, or failed 
to adapt, due to pregnancy.

	e.  On 27 January 1989, the separation authority approved the commander's 
recommendation and ordered the applicant's separation with an uncharacterized 
character of service; on 1 February 1989, the applicant was discharged accordingly.  
Her DD Form 214 shows she completed 2 months and 1 day of her 4-year enlistment 
contract; the DD Form 214 does not list any awards or decorations. 

4.  The applicant requests her character of service be changed from uncharacterized to 
honorable.  

	a.  Per paragraph 11-3, AR 635-200, commanders were required to involuntarily 
separate enlisted women who became pregnant while in an entry-level training status 
once medical authority determined, based on the enlisted woman's physical condition, 
she could not fully participate in the training required for a military occupational 
specialty.

	b.  Effective 1 October 1982, a revision of AR 635-200 stated all Soldiers separated 
while they were in an entry-level status (i.e. within the first 180 days of continuous active 
duty) were to be provided an uncharacterized character of service.  The Secretary of the 
Army could, on a case-by-case basis, give the Soldier an honorable character of service 
when there were unusual circumstances involving personal conduct or duty 
performance.  

	c.  In reaching its determination, the Board can consider the applicant's petition, her 
service record, and her statements in light of the published guidance on equity, 
injustice, or clemency.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published guidance for consideration of discharge upgrade 
requests.  The Board considered the applicant’s statement, her service record and 
length of service, the due date of her pregnancy, the circumstances of her separation 
and the character of service she received.  The Board considered that hers’ was an 
involuntary separation due to pregnancy with in an initial entry status.  Based on a 
preponderance of evidence, the Board determined that the character of service the 
applicant received upon separation was 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  AR 635-200, in effect at the time, prescribed policies and procedures for the 
administrative separation of enlisted personnel.  

	a.  Paragraph 3-7a (Honorable Discharge) stated an honorable discharge was a 
separation with honor.  The honorable characterization was appropriate when the 
quality of the Soldier's service generally met the standards of acceptable conduct and 
duty performance.

	b.  Paragraph 3-7b stated a general discharge was a separation from the Army 
under honorable conditions.  When authorized, it was issued to a Soldier whose military 
record was satisfactory but not sufficiently meritorious to warrant an honorable 
discharge.

	c.  Paragraph 3-9 (Uncharacterized Separations).  A separation is an entry level 
status separation with uncharacterized service if processing is initiated while the Soldier 
is in an entry level status (i.e. the first 180 days of continuous active duty).  The 
Secretary of the Army could, on a case-by-case basis, issue an honorable character of 
service to entry-level Soldiers when clearly warranted by unusual circumstances 
involving personal conduct or duty performance.  

	d.  Chapter 8 (Separation of Enlisted Women – Pregnancy).  This chapter 
established policies and procedures for the voluntary separation of enlisted women due 
to pregnancy.  Enlisted women in an entry-level status were required to receive an 
entry-level separation.  The unit commander directed the enlisted woman who believed 
she was pregnant to report for a medical diagnosis; when medical authority determined 
the enlisted woman was pregnant, the commander was responsible for counseling her 
and providing assistance.  An enlisted woman could elect to remain on active duty.  

	e.  Chapter 11 (Entry Level Status Performance and Conduct) provided that entry 
level Soldiers were to be separated when they demonstrated unsatisfactory 
performance and/or conduct.  Paragraph 11-3 stated commanders were required to 
involuntarily separate enlisted women who became pregnant while in an entry-level 
training status, after medical authority determined, due to the enlisted woman's physical 
condition, she could not fully participate in the training necessary for the award of a 
military occupational specialty.  Separations under this chapter were reflected as 
uncharacterized.
3.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency 
determinations.  Clemency generally refers to relief specifically granted from a criminal 
sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  
However, the guidance applies to more than clemency from a sentencing in a court-
martial; it also applies to other corrections, including changes in a discharge, which may 
be warranted based on equity or relief from injustice.  This guidance does not mandate 
relief, but rather provides standards and principles to guide Boards in application of their 
equitable relief authority.  In determining whether to grant relief on the basis of equity, 
injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, 
external evidence, sworn testimony, policy changes, relative severity of misconduct, 
mental and behavioral health conditions, official governmental acknowledgement that a 
relevant error or injustice was committed, and uniformity of punishment.  Changes to the 
narrative reason for discharge and/or an upgraded character of service granted solely 
on equity, injustice, or clemency grounds normally should not result in separation pay, 
retroactive promotions, and payment of past medical expenses or similar benefits that 
might have been received if the original discharge had been for the revised reason or 
had the upgraded service characterization.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190009430

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