| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That she be reinstated in the United States Army.
APPLICANT STATES: In effect, that she was separated under the provisions of Army Regulation 635-200, paragraph 5-8, which refers to single soldiers with dependents under the age of 18 who would need a family care plan in case of deployment or other long-term duty. In support of her request she submits a copy of her 1997 marriage certificate.
EVIDENCE OF RECORD: The applicant's military records show:
In March 1984 the applicant enlisted in the United States Army Reserve. In February 1989 the applicant, now a divorced mother of three minor children (born in 1985, 1986, and 1988) petitioned a civilian court to grant guardianship of her three children to her mother. The petition was approved. In May 1989 the applicant, who was still a member of the United States Army Reserve, requested enlistment in the Regular Army. On her enlistment document she indicated "NA" in response to items associated with minor children. The applicant was permitted to enlist in the Regular Army on 16 June 1989, for a period of 4 years.
On 1 July 1989 the applicant married and apparently regained custody of her three children. In August 1993 the applicant divorced her spouse and in May 1994 gave birth to a fourth child.
In January 1995 the applicant was counseled regarding her incomplete family care plan. On 14 March 1995 the applicant noted during a counseling session that her family care plan was no longer complete, that she had no replacements (to care for her children), and that she would take whatever punishment was given because she could not leave her kids at home alone. On 15 March 1995 the applicant was counseled again regarding her incomplete family care plan. The applicant indicated during that counseling that "she did not wish to complete the family care plan" and stated that she "could not find anyone to care for her children."
On 10 April 1995 the applicant's unit commander initiated action to involuntarily separate her (the applicant) from active duty under the provisions of Army Regulation 635-200, paragraph 5-8 for parenthood, because she did not have an adequate family care plan, which affected her ability to fulfill her obligations for worldwide deployment. The applicant acknowledged receipt of the proposed separation, consulted with counsel, and waived her attendant rights.
The separation action was approved and on 15 August 1995 the applicant was discharged with an honorable characterization of service. She received more than $5000.00 in separation pay as a result of her involuntary separation.
In July 1997, nearly 2 years after her honorable discharge, the applicant married.
Army Regulation 635-200, paragraph 5-8, provides for the involuntary separation of soldiers when their parental obligations interfere with fulfillment of their military responsibilities. Specific reasons for separation because of parenthood include nonavailablility for worldwide assignment or deployment according to the needs of the Army because of an inadequate or non-existing family care plan.
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. The evidence indicates that the applicant was unavailable for worldwide assignment or deployment because of her inability to provide a working family care plan for her four minor children at the time action was initiated by her commander to involuntarily separate her from active duty.
2. The Board notes that there is no evidence of error or injustice in the applicant's separation and that fact that she is now married does not invalidate the original basis for her 1995 separation action.
3. While the Board concludes that reinstatement is not appropriate, the applicant should be advised that she might wish to contact her local recruiting office to determine if she is eligible to reenlist.
4. However, the applicant should also be aware that her inability to secure a reenlistment is also not a basis to conclude that her separation was in error or unjust either.
5. 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 that requirement.
6. 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 _ __LE ___ __TL____ DENY APPLICATION
| CASE ID | AR2002068587 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021121 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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