Application Receipt Date: 061130
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed D Form 293 submitted by the applicant.
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: 041022
Discharge Received: Date: 050204
Chapter: 5-8 AR: 635-200
Reason: Parenthood
RE: SPD: JDG
Unit/Location: HHC, 2-327 IN, Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 730604
Current ENL Date: 010815 Current ENL Term: 4 Years
Current ENL Service: 03 Yrs, 05 Mos, 20 Days
Total Service: 13 Yrs, 02 Mos, 23 Days
Previous Discharges: RA-911112-950404/HD
RA-950405-971020/HD
RA-971021-990516/HD
RA-990517-000531/HD
RA-000601-010814/HD
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 92A10 Automated Logistics Spec GT: 91 EDU: HS Grad Overseas: Germany/Korea/Kosovo Combat: Kuwait/Iraq (030228-040220)
Decorations/Awards: ARCOM, AAM-3, AGCM-3, NDSM-2, KCM, GWOTEM, GWOTSM, KDSM, NCOPDR, NM (Koso), ASR, OSR-2
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant states he is enrolled in college and is employed as an Army contractor for Sikorsky Support Services, Inc at Fort Benning, GA.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 22 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-8, AR 635-200, by reason of involuntary separation due to parenthood; for failure to provide an adequate family care plan, with an honorable discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
b. Legal Basis for Separation:
Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-8 provides that a soldier may be separated when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army. Unless reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry-level status.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant's military records for the period of enlistment under review and the issues he submitted, the analyst determined that the characterization of service was improper. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in her service record that warrants such a characterization, using the notification procedure. In view of the aforementioned, the analyst 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: 21 December 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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 5 No change 0 - Character
Change 0 No change 5 - 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 characterization of service was improper. 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.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060016569
Applicant Name: Mr.
______________________________________________________________________
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