IN THE CASE OF: BOARD DATE: 16 June 2023 DOCKET NUMBER: AR20220011672 APPLICANT REQUESTS: her narrative reason for separation be changed from "Pregnancy" to "Parenthood." APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) * 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, U.S. 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 both she and her husband were married military personnel. This condition affected her ability to perform her duties. 3. The applicant enlisted in the Regular Army on 28 January 1992 for four years. Her military occupational specialty was 76Y (Unit Supply Specialist). 4. The applicant's complete military records are not available for review; therefore, this case is being considered based on the documents she provides and the available records. 5. On 17 June 1992, the applicant rendered a DA Form 4187 (Personnel Action) wherein she requested to change her last name based upon her marriage to HRC on 5 June 1992. 6. Item 24 (Number of Dependents) of the applicant's DA Form 2-1 (Personnel Qualification Record-Part II) shows she had one dependent adult and no dependent children at the time she reviewed and authenticated the document on 17 June 1992. 7. Orders 350-048 issued by Headquarters, 1st Infantry Division Fort Riley, KS, on 15 December 1992, reassigned her for separation processing and released her from active duty (REFRAD) and assigned her to the United States Army Reserve (USAR) Control Group, St. Louis, MO, effective 29 January 1993. The "Additional instructions" portion of these orders indicate the applicant did not have any dependents who were authorized travel expenses at the time. 8. The applicant was honorably REFRAD on 22 January 1993 and transferred to the USAR. Her DD Form 214 shows she was separated under the provisions of Army Regulation 635-200 (Personnel Separation-Enlisted Personnel), Chapter 8. Her service was characterized as honorable. She completed 1 year and 2 days net active service. It shows in: * Item 26 (Separation Code) "MDF" (pregnancy) * Item 28 (Narrative Reason for Separation) "Pregnancy" 9. The applicant's available record is void of any evidence showing she had a child prior to her REFRAD. 10. In conjunction with her USAR in-processing on 7 February 1993, the applicant rendered a DD Form 93 (Record of Emergency Data) that shows she indicated she had nor children at the time. She also did not indicate any children on her Servicemen's Group Life Insurance Election and Certificate rendered on the same date. 11. A DD Form 215 (Correction of DD Form 214), dated 2 July 1993, corrected Item 1 of her DD Form 214 to show her married name. 12. The absence of the applicant's separation packet means the Board is unable to determine the specific circumstances surrounding her discharge. However, because the Board has the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), it must presume administrative regularity, meaning unless there is proof to the contrary, the Board assumes the Army's actions were administratively correct. As stated in ABCMR's governing regulation, the Board is not an investigative body, and the applicant bears the responsibility for providing evidence to validate that an error occurred in the processing of her separation. 13. In reaching its determination, the Board can consider the applicant’s petition, arguments and assertions, and service record in accordance with the published equity, injustice, or clemency guidance. 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. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The applicant is advised the DD Form 214 shows circumstances as they were on the date prepared. The Board concluded there was insufficient evidence of an error or injustice which would warrant a change in the narrative reason for separation. 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. ? REFERENCES: 1. Title 10, U.S. 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 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. 3. 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 Regular Army, and 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011672 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1