ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF: BOARD DATE: 22 February 2022 DOCKET NUMBER: AR20210008999 
APPLICANT REQUESTS: in effect the following corrections to her DD Form 214 (Certificate of Release or Discharge from Active Duty), 
. 
to Block 12b (Record of Service – Separation Date this Period) – the date 5 November 2003 

. 
to Block 12c (Record of Service – Net Active Service this Period) – to show completion of 2 years of active service or 24 months 


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 3-year time frame provided in Title 10, United States Code, 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 she was not allowed to continue her active service. She states she was forced out of the Regular Army about 1 month before the birth of her son. If she had been allowed to remain in the Regular Army she would have completed 24 months of active service. She asks the Board to grant her a waiver and then correct her record so she is eligible for education and health benefits administered from the Department of Veterans Affairs. 

3. 
The applicant enlisted in the Regular Army on 6 November 2001. A review of her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows in paragraph 20a (Discharge from the Delayed Entry/Enlistment Program) she contracted to serve 5 years on active duty with the remaining statutory years of service in the U.S. Army Reserve. 

4. 
She completed training and qualified to serve in the Military Police Corps as an enlisted Soldier. Upon completion of her initial entry training she was reassigned to Fort Drum, New York on or about 26 April 2002. 

ABCMR Record of Proceedings (cont) AR20210008999 

5. 
The applicant’s separation packet is not filed in her electronic personnel record maintained by the U.S. Army Human Resources Command. However, her record did contain Order Number 142-1006 dated 22 May 2003 issued by Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum, New York. This order discharged her from the Regular Army effective 28 July 2003. The regulatory authority authorizing her discharge was Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations). 

6. 
As ordered, she was discharged from the Regular Army on 28 July 2003 receiving a DD Form 214 documenting her service. Her DD Form 214 contains the following facts: 

. 
Block 12a (Dated Entered Active Duty This Period) – 6 November 2001 (the date she enlisted in the Regular Army) 

. 
Block 12b (Separation Date This Period) – 28 July 2003 (as shown on Order Number 142-1006) 

. 
Block 12c (Net Active Service This Period) – 1 year, 8 months and 23 days 

. 
Block 23 (Type of Separation) – discharge 

. 
Block 25 (Separation Authority) – Army Regulation 635-200, chapter 8 

. 
Block 26 (Separation Code) KDF (Pregnancy) 

. 
Block 28 (Narrative Reason for Separation) – pregnancy 



7. 
Army Regulation 635-200, chapter 8 (Separation of Enlisted Women-Pregnancy) establishes the policy and procedures and provides the authority for voluntary enlisted women because of pregnancy. Commanders who are special court-martial convening authorities are authorized to order the separation or release from active duty or active duty for training under chapter 8. A unit commander will direct an enlisted woman seek a pregnancy diagnosis from a physician normally serving in the Armed Forces medical treatment facility. If a pregnancy is confirmed and certified by a physician or medical provider, the unit commander is required to counsel the enlisted woman concerning her options, entitlements and responsibilities. An example of the counseling form is contained in the regulation. An enlisted woman may request to be separated under this chapter and she can select a specific separation date. However, the separation authority and military physician will determine the separation date. The separation date must not be later than 30 days before her expected date of delivery or the latest date her military physician will authorize her to travel to her home of record. The enlisted woman can elect to remain on active duty and completed her contractual enlistment period. After the enlisted woman is counseled, she has 7 days to consider her options. The counseling and her decision will be recorded and the documents filed in her military personnel records jacket or similar local file. 

8. 
By regulation (AR 635-5-1, Separation Code KDF is a voluntary discharge, assigned to enlisted personnel separating for pregnancy. 


ABCMR Record of Proceedings (cont) AR20210008999 
BOARD DISCUSSION: 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Board members noted the applicant was separated for pregnancy on In accordance with the governing regulation, she was separated for pregnancy on 28 July 2003 (as shown on Order Number 142-1006). She completed 1 year, 8 months and 23 days of active service. No evidence was found to show she served beyond the date of discharge shown on her DD Form 214. Based on a preponderance of evidence, the Board determined that the applicant’s separation was not in error or unjust. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
: : : GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
XX: XX: XX: 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. 

X 
CHAIRPERSON 
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. 
ABCMR Record of Proceedings (cont) AR20210008999 
REFERENCES: 
1. 
Title 10, United States Code, 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. 
Army Regulation 601-201 (Regular Army and Army Reserve Enlistment Program) governs the eligibility criteria, policies, and procedures for enlistment and processing of individuals into the Regular Army and the U.S. Army Reserve. Enlisted personnel incur an 8-year military service obligation under Title 10, U.S. Code, sections 511 and 651. Enlistment in the Regular Army is authorized for a period of at least 2 years, but not more than 6 years. 

3. 
Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons including pregnancy of enlisted women. This regulation provides for the authority and general provisions governing the separation of soldiers before their expiration of term of service or fulfillment of active duty obligation. Under Title 10, U.S. Code, section 1169 it confers broad authority to the Secretary of the Army to order separation of a Regular Army soldier prior to their expiration of term of service. The authority for separation will be included in directives or orders directing soldiers to report to the appropriate transition center for separation processing. For voluntary separation under chapter 8 (Pregnancy), the separation approval authority is the commander with special court-martial convening authority. The unit commander is required to counsel the enlisted woman informing her she has the option to continue serving until her expiration of term of service or she can voluntarily elect administrative separation. The counseling also includes maternity care, maternity uniforms, government quarters and housing allowances, family care counseling, duty assignments and the potential for separation for unsatisfactory performance, misconduct, or parenthood. 

4. 
 Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) implements Department of Defense policy for standardization of certain entries on DD Form 214 to update the separation program designator codes to be used and the authorities and reasons for their use and control. Separation Code KDF is assigned to enlisted Soldiers, voluntarily separating under Army Regulation 635-200, chapter 8 due to pregnancy. 


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