IN THE CASE OF: BOARD DATE: 27 May 2015 CASE NUMBER: AR20140009741 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests a change to her narrative reason for the discharge. 2. The applicant states, in effect, that she believes her separation could have been under the provisions of Chapter 5-11 or Chapter 8 and not Chapter 11. She contends before her separation she did not have any issues with inability, lack of or reasonable effort, a failure to adapt to military environment, or any minor disciplinary infractions. Her separation was purely based on her pregnancy. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 June 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 25 February 2008 d. Reason/Authority/SPD/RE: Entry Level Performance and Conduct, Chapter 11, AR 635-200, JGA, RE-3 e. Unit of assignment: D Co, 1st Bn, 34th IN Rgt, Fort Jackson, SC f. Current Enlistment Date/Term: 7 November 2007, 3 years and 23 weeks g. Current Enlistment Service: 3 months, 19 days h. Total Service: 3 months, 19 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 133 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 November 2007, for a period of 3 years and 23 weeks. She was 18 years old at the time of entry and a high school graduate. She was attending training at Fort Jackson, SC when her separation was initiated. Her record documents no acts of valor or significant achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 20 February 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, paragraph 11-3b, AR 635-200, by reason of entry level performance and conduct for becoming pregnant while still in entry-level status. Her probable date of conception was determined to be 2 January 2008 and she entered active duty on or about 7 November 2007. 2. The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised the applicant of her rights. 3. The applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf. The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge. 4. On 21 February 2008, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge. 5. The applicant was discharged from the Army on 25 February 2008, with an uncharacterized discharge under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct, with a Separation Program Designator code (SPD) of JGA and an RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Physical Profile, dated 22 January 2008, which indicates the applicant was given a temporary profile of 311111 as a result of pregnancy. She was removed from training. 2. Counseling statement dated 23 January 2008, recommendation for Chapter 5-11b. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application dated 29 May 2014, a copy of her physical profile dated 22 January 2008, memorandum dated 24 January 2008 reference missing leave form (DA 31), a copy of her enlisted record brief (ERB) dated 7 February 2008, and a copy of her DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None was provided with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. 2. Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter. 3. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. 4. 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 identifies the SPD code of "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, entry level performance and conduct. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to her narrative reason for discharge was carefully considered. However, after examining the applicant’s record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit a change to her narrative reason for discharge. 2. The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for her character of service to be rated as honorable or otherwise. 3. The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status. The regulation also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. As a result of the applicant's pregnancy while in basic training, she was issued a physical profile which causes her to be removed from training. Therefore, as stated in the unit commanders recommendation memorandum, the determination was made to separate the applicant because she could not respond to further rehabilitative attempts due to pregnancy. 4. The applicant requests a change to her narrative reason for discharge; however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 11, paragraph 11-3a, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Entry Level Performance and Conduct," and the separation code is "JGA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There was no provision for any other reason to be entered under this regulation. 5. The applicant contends she should have been discharged under the provisions of Chapter 5-11 or Chapter 8. The applicant's contentions were noted; however, Chapter 5-11, applies to Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on AD or ADT for initial entry training. Chapter 8 applies to all Active Army enlisted women and ARNGUS and USAR enlisted women ordered to AD, except for ARNGUS and USAR Soldiers found to be pregnant upon entry on IADT, to who paragraph 5-11 applies. As a result of the applicant being issued a physical profile for pregnancy, it was determined the applicant could not fully participate in the required training for the completion of basic training. Therefore, Chapter 5-11 and Chapter 8 do not apply to the applicant. 6. The record does not contain any indication or evidence of arbitrary or capricious actions by the command. The character of the applicant’s discharge is commensurate with her overall service record. 7. Therefore, the narrative reason for discharge being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 27 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140009741 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1