IN THE CASE OF: BOARD DATE: 2 March 2022 DOCKET NUMBER: AR20210012208 APPLICANT REQUESTS: Correction of her U.S. Army Reserve (USAR) discharge orders to show a more favorable reason, such as pregnancy instead of unsatisfactory participation. She further requests correction of those same orders to show she was separated in March 2003 instead of on 8 April 2004. 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), dated 16 October 2019 * Certification of Vital Records, State of Colorado Birth Certificate, filed on 24 January 2003 * Orders Number 04-099-00067, issued by Headquarters, 96th Regional Readiness Command on 8 April 2004 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, in effect: a. She separated from the Army in March 2003 because she had a newborn, was a single mother, and her unit was being deployed. The records state that she was discharged for unsatisfactory participation; however, it does not specify the circumstances for which she separated. She was given the option to separate from the military by her supervisor at the time. Unfortunately, she does not remember the name of that supervisor since it was nearly 17 years ago. She believes he was a sergeant at the time. The date stated on her discharge is also different from the date she actually separated. She separated in around March of 2003, prior to her unit being deployed but her separation record indicates it was not until April 2004. b. When she was given the option to separate from the military, it was not indicated to her that her separation would be an unfavorable mark in her record. Currently, that is the case, since it simply states that she had unsatisfactory participation without further explanation. At the bare minimum, the circumstances under which she separated from the Army should be stated. At the time of her separation, she decided to do the honorable thing by staying with her daughter, since she was the only dependable parent that her daughter has had even up until this date. She did not know the type of discharge she was issued until March of 2019. 3. The applicant enlisted in the USAR on 8 September 2000. 4. The applicant’s record is void of a separation packet containing the specific facts and circumstances surrounding her discharge processing. However, Orders Number 04-099-00067, issued by Headquarters, 96th Regional Readiness Command on 8 April 2004, reassigned her to the USAR Control Group (Reinforcement), effective 8 April 2004, due unsatisfactory participation. 5. The applicant's available record is void of documentation that shows she initiated the process of separation due to hardship, pregnancy, or parenthood, or that shows she was unable to establish a viable family care plan. 6. By memorandum dated 21 June 2021, the applicant was instructed to provide documentation to support her contentions regarding her separation from the USAR. She was given a 30-day suspense of 19 July 2021 but failed to provide any supporting documentation. 7. The applicant provides: a. Her daughter's birth certificate, which shows her daughter was born on 16 January 2003. b. DA Form 5015 (Chronological Statement of Retirements Points), which shows her beginning and ending dates of service. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation, and published Department of Defense guidance for liberal and clemency determinations requests for upgrade of his characterization of service. Upon review of the applicant’s petition and available military records, the Board determined there was insufficient evidence of in-service mitigating factors that would warrant correction of her U.S. Army Reserve (USAR) discharge orders to show a more favorable reason, such as pregnancy instead of unsatisfactory participation. The Board agreed correction to the applicant’s orders showing she was separated in March 2003 instead of on 8 April 2004 is without merit. During deliberation, the Board determined the applicant did not provide justification as to why she did not attend her required drills, there are resources available which the applicant did not take advantage of during her period of service. Based on this, the Board denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s separation records, they agreed the burden of proof rest on the applicant, however, she did not provide any supporting documentation and her service record has insufficient evidence to support the applicant contentions regarding her discharge orders to show a more favorable reason, such as pregnancy instead of unsatisfactory participation. 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): N/A 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 140-10 (Assignments, Attachments, Details, and Transfers) covers policy and procedures for assigning, attaching, removing, and transferring USAR Soldiers. a. Paragraph 4-14 sets forth the basic authority for the voluntary reassignment of enlisted personnel for pregnancy. It provides that a Soldier assigned to a troop program unit (TPU) or an individual mobilization augmentee (IMA) position, who has completed initial entry training (IET) and been awarded a military occupational specialty (MOS) and is not within three months of their expiration term of service (ETS) date, who becomes pregnant, may elect reassignment to the Individual Ready Reserve (IRR). b. Paragraph 4-15 sets forth the basic authority for the involuntary reassignment of enlisted personnel for unsatisfactory participation. (1) A TPU or IMA Soldier who completed IET, has future mobilization potential as determined by their commander, was awarded an MOS, and is not within three months of ETS, and who fails to participate satisfactorily per Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), may be reassigned to the appropriate control group of the IRR. Involuntary reassignment is discretionary and may be made in lieu of discharge proceedings, when determined to be in the best interest of the Army. Commanders will not take reassignment action under this paragraph solely to spare a Soldier from administrative separation proceedings for other than unsatisfactory participation. (2) A Soldier who has not completed IET and has not been awarded an MOS, or is within three months of ETS, will not be reassigned to the IRR as an unsatisfactory participant. c. Paragraph 4–17 sets forth the basic authority for the Involuntary reassignment for inability to perform prescribed duties due to parenthood. It prescribes procedures for reassignment to the IRR because of a Soldier's inability to perform their prescribed duties, repetitive absences from scheduled training assemblies, or failure to attend AT as a result of parenthood. This involuntary reassignment policy only applies to a Soldier who has completed IET and been awarded an MOS and is not within three months of ETS. Commanders will ensure that before recommending reassignment to the IRR under this paragraph, adequate counseling is provided and documented. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012208 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1