Applicant Name: ????? Application Receipt Date: 2008/03/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Fom 293 and attached documents submitted by the applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: NA Date: 040324 Discharge Received: Date: 040603 Chapter: 8 AR: 635-200 Reason: Pregnancy RE: SPD: KDF Unit/Location: 549th MP Co, Fort Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 000824 Current ENL Term: 5 Years ????? Current ENL Service: 03 Yrs, 09Mos, 10Days ????? Total Service: 03 Yrs, 09Mos, 10Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 31B10 Military Police GT: 101 EDU: HS Grad Overseas: Germany/Southwest Asia Combat: Kuwait/Iraq (030308-031215) Decorations/Awards: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, ASR. OSR V. Post-Discharge Activity City, State: Nampa, ID Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 24 March 2004, the applicant requested discharge under the provisions of Chapter 8, AR 635-200, by reason of pregnancy. On 24 March 2004, the unit commander recommended approval of the applicant’s request. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge, and indicated that this was a standard pregnancy separation with no extenuating circumstances or pertinent issues. The separation authority approved the separation action with general, under honorable conditions discharge. 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. If an individual is beyond entry-level status, her service will be characterized as honorable or general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents she submitted, the analyst determined that the characterization of service is improper. Army Regulation 635-200, Chapter 8, paragraph 8-3b, states that prior to characterization of service as under honorable conditions, the Soldier will be advised of the specific factors in the service record that warrants such a characterization, using the notification procedure. In view of the aforementioned, the analyst determined that the characterization of service is improper and recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 January 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 characterization of service is improper. The Board determined that the applicant was not properly notified of the specific reason for issuing a general, under honorable conditions discharge. Army Regulation 635-200, Chapter 8, paragraph 8-3b, states that prior to characterization of service as under honorable conditions, the Soldier will be advised of the specific factors in the service record that warrants such a characterization, using the notification procedure. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080003784 ______________________________________________________________________________ Page 1 of 3 pages