IN THE CASE OF: BOARD DATE: 7 March 2023 DOCKET NUMBER: AR20220006552 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her narrative reason for separation as "Parenthood" instead of "Pregnancy." APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Report and Certificate of Marriage, 12 September 1996 * DD Form 214, 27 November 1996 * Certificate of Live Birth 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, in effect, due to the verbiage of the reason for her separation she cannot use Department of Veterans Affairs (VA) benefits. She got married on 12 September 1995 and found out she was pregnant in October 1996. Her husband was also active duty and asked her to get out the Army to raise their child. She states her husband was recently discharged from the Army. She would like to have the reason for her discharge changed to parenthood/motherhood. She is attempting to apply for her VA certificate for a home loan and because of the narrative reason for her discharge, the VA is denying the certificate even though her service was honorable and the reason for her discharge is honorable. She states that she served honorably for the entire 12 months she served in the Army. She would have continued her four-year obligation had she not gotten married and pregnant. She could not refuse her husband a child. 3. The applicant enlisted in the Regular Army on 9 November 1995. 4. The applicant provides a Report and Certificate of Marriage, dated 12 September 1996. 5. On 18 October 1996, the applicant's immediate commander formally counseled her regarding her options for continued service and informed her of her options, entitlements, and responsibilities in connection with her pregnancy. 6. The applicant acknowledged receipt of counseling and on 25 October 1996, she elected to be separated from service under the provisions of Army Regulation (AR) 635- 200 (Personnel Separations - Enlisted Personnel), chapter 8, by reason of pregnancy. She acknowledged that she made the decision on her own free will and was not coerced by the counselor. 7. A DA Form 4187 (Personnel Action), dated 25 October 1996, shows the applicant voluntarily requested separation from service, under the provisions of AR 635-200, chapter 8. The applicant's immediate commander recommended approval on 28 October 1996. 8. A Certificate of Pregnancy, dated 22 November 1996, shows the applicant's estimated due date of 22 June 1997. 9. The separation authority approved the applicant’s separation on 25 November 1996, under the provisions of AR 635-200, Chapter 8, and directed she be issued an Honorable Discharge Certificate and transferred to the Individual Ready Reserve (IRR) to complete her statutory service obligation. 10. The applicant was honorably released from Active Duty on 27 November 1996. Her DD Form 214 confirms she was separated under the provisions of AR 635-200, chapter 8, by reason of pregnancy. She completed 1 year and 19 days of net active service during the covered period and did not complete her first full term of service. Item 26 (Separation Code) contains the entry "MDF" and Item 27 (Reentry Code) contains the entry "3." 11. The applicant provides a Certificate of Live Birth, dated 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 evidence of record shows the applicant voluntarily requested separation from service, under the provisions of AR 635-200, chapter 8, for pregnancy The separation authority approved the applicant’s separation and directed she be issued an Honorable Discharge Certificate. Her DD Form 214 reflects the reason for separation as pregnancy. The Board did not find evidence she qualified and applied for a hardship discharge, and determined there is no error or injustice. 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 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 8 establishes policy and procedures and provides authority for voluntary separation of enlisted women due to pregnancy. This chapter applies to all Regular Army, Army National Guard and U.S. Army Reserve enlisted women ordered to active duty. When service medical authorities determine that an enlisted woman is pregnant, after her unit commander has counseled her concerning her options, entitlements, and responsibilities, may request separation under this chapter. b. Chapter 5 establishes policy and procedures for involuntary separation due to parenthood. Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities. Separation processing may not be initiated until the Soldier has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them. Specific reasons for separation because of parenthood include: * Inability to perform prescribed duties satisfactorily * Repeated absenteeism * Repeated tardiness * Inability to participate in field training or perform special duties such as charge of quarters and staff duty * Nonavailability for worldwide assignment or deployment according to the needs of the Army 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 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 or childbirth. 4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes, and states, RE code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, whose disqualification is waivable; they are ineligible unless a waiver is granted. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006552 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1