| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That item 26 (Separation Code) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show Separation Program Designator (SPD) code “LDG” or “JDG” instead of “MDG.”
APPLICANT STATES: That when she separated on 27 April 1994 she was counseled that SPD code “MDG” was for a hardship separation. She contends that SPD code “MDG” was changed on 1 October 1993 to reflect a Convenience of the Government separation. She also contends that she was not made aware of the change and that she would have requested separation under Public Law 101-510 with SPD code “LDG” or “JDG.”
EVIDENCE OF RECORD: The applicant's military records show:
On 9 March 1994, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200, paragraph 6-3b(1), for parenthood of a married service woman.
On 27 April 1994, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 6, paragraph 6-3b(1), for parenthood.
Item 26 (Separation Code) on her DD Form 214 shows “MDG”. Army Regulation 635-5-1 (Separation Program Designator Codes) states the reason for discharge based on separation code “MDG” is “Parenthood” and the regulatory authority is Army Regulation 635-200, paragraph 6-3b(1) or (2). This separation code is used for a voluntary release from active duty or transfer.
Army Regulation 635-5-1 states the reason for discharge based on separation code “LDG” is “Parenthood” and the regulatory authority is Army Regulation
635-200, paragraph 5-8. This separation code is used for an involuntary release from active duty or transfer.
Army Regulation 635-5-1 states the reason for discharge based on separation code “JDG” is “Parenthood” and the regulatory authority is Army Regulation
635-200, paragraph 5-8. This separation code is used for an involuntary discharge.
Chapter 6 of Army Regulation 635-200 governs separation because of dependency or hardship. Paragraph 6-3b(1) provides that a married service woman may apply for separation under hardship when she becomes a parent by birth, adoption, or marriage (stepparent) and whose child (or children) under
18 years of age reside within the household. The regulation requires that the woman must submit evidence that the roles of parent and soldier are incompatible and that she cannot fulfill her military obligation without neglecting the child or children.
Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. Evidence of record shows the applicant voluntarily requested a hardship discharge under the provisions of Army Regulation 635-200, paragraph 6-3b(1), by reason of parenthood.
2. The applicant’s contention that separation code “MDG” was changed on
1 October 1993 to reflect a Convenience of the Government separation, is not supported by the evidence of record.
3. Army Regulation 635-5-1 (Separation Program Designator Codes) states that when a soldier voluntarily requests release from active duty or transfer the reason for discharge based on separation code “MDG” is “Parenthood” and the regulatory authority is Army Regulation 635-200, paragraph 6-3b(1) or (2).
4. The Board notes the applicant’s request that her separation code be changed to “LDG” However, the governing regulation states that separation code “LDG” is used for an involuntary release from active duty or transfer and the regulatory authority is Army Regulation 635-200, paragraph 5-8. This separation code does not apply in the applicant’s case.
5. The Board also notes the applicant’s request that her separation code be changed to “JDG” However, the governing regulation states that separation code “JDG” is used for an involuntary discharge and the regulatory authority is Army Regulation 635-200, paragraph 5-8. This separation code does not apply in the applicant’s case.
6. The applicant’s separation code shows “MDG” and the reason for discharge based on separation code “MDG” is parenthood, not for the Convenience of the Government. Therefore, item 26 (Separation Code) on the applicant’s DD Form 214 is correct as currently constituted.
7. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
8. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
FNE____ RWA____ HBO_____ DENY APPLICATION
| CASE ID | AR2001064596 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020611 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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