Application Receipt Date: 060315	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293.  The applicant wishes to have her SPD code changed from KDF to MDF.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 040227
Discharge Received:     Date: 000408   
Chapter: 8    AR: 635-200
Reason: Pregnancy
RE:     SPD: KDF
Unit/Location: Headquarters and Headquarters Company, I Corps, Special Troops Battalion, Fort Lewis, Washington 98433-9500 

Time Lost: AWOL 429 days from (020228-030528)/The applicant was apprehended  by civil authorities and placed in Montgomery County Jail, Montgomery County, AL and transferred to Military authorities at Fort Lewis, WA 98433-9518

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820416  
Current ENL Date: 010620    Current ENL Term: 6 Years  The DD-214 incorrectly lists the date of enlistement as 010919.
Current ENL Service: 2 Yrs, 9 Mos, 20 Days ?????
Total Service:  2 Yrs, 9 Mos, 20 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 74B10, Software Analyst   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSR, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address:  

Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      On 27 February 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 8, AR 635-200, by reason of pregnancy or child birth, with an honorable conditions discharge.  She was advised of her rights.  On 4 November 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service.  The separation authority approved the discharge action with a characterization of service of Honorable conditions, and transferred the applicant to the IRR.

      b.  Legal Basis for Separation:  
      Army Regulation 635-200, provides the basic authority for the separation of enlisted personnel.  Chapter 8, established policy procedures, and provides authority for voluntarily separation of enlisted women because of pregnancy.  This Chapter applies to all Active Army enlisted women and ARNGUS and USAR enlisted women ordered to AD or ADT, except for ARNGUS and USAR Soldiers found to be pregnant upon entry on IADT, to whom paragraph 5-11 applies.
      
      
      
      
      
      
      
      
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, and the issue she submitted, the analyst recommends to the Board that the applicant’s request for a change of the applicant's SPD code be denied.  The analyst noted that the unit commander properly initiated separation action under the provisions of Chapter 8, AR 635-200 by reason of pregnancy with an honorable characterization of service.    All the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the SPD code for this type of discharge is normally KDF.  The narrative reason for discharge was both proper and equitable.
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 31 January 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable, and voted not to change it.
























Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 2 February 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060003770

Applicant Name:  Ms.        
______________________________________________________________________


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