| Mr. Carl W. S. Chun | ||
| Ms. Antoinette Farley | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: In effect, that her reason for discharge be changed from sole parent to due to hardship.
APPLICANT STATES: That she had to end her term of service due to a hardship. In support of her claim she also submits a copy of her DD Form
214 (Certificate of Release or Discharge from Active Duty) dated 5 November 1984.
EVIDENCE OF RECORD: The applicant's military records while limited show:
On 27 July 1983, she enlisted in the Regular Army for a period of 3 years.
She completed her military training and was awarded military occupational specialty (MOS) 71D10 (Assistant Legal Clerk). On 14 December 1983, she was transferred to Fort Campbell, Kentucky for duty in her MOS.
On 7 September 1984, the applicant underwent a mental status evaluation and was cleared for administrative separation.
On 4 October 1984, she submitted a DA Form 4187 (Personnel Action) requesting separation under the provisions of Army Regulation 635-200, paragraph 6-3, b(2), for a hardship discharge due to being a sole parent. The unit commander recommended approval of her request, based on family difficulties, as supported by her being counseled on several occasions and her presenting evidence of a dependency hardship.
On 9 October 1984, the separation authority approved the recommendation and directed the issuance of an Honorable Discharge Certificate and transfer to the Individual Ready Reserve (IRR) for completion of service.
On 9 November 1984, the applicant was released under honorable conditions from active duty and transferred to the USAR under the provisions of Army Regulation 635-200, chapter 6, as a sole parent. She had completed a total of 1 year, 3 months and 13 days of active military service. She had no recorded lost time. The entry listed in Item 28 (Narrative Reason for Separation) of the applicant’s DD Form 214 is “Sole Parent”.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship. An application for such separation will be approved when a service member can substantiate that his or her situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that discharge will improve the situation.
Paragraph 6-3, b(2) of that regulation shows that a hardship was incurred while on active duty and that the overall reason for separation is because of being a sole parent. An application for such separation will be approved when a service member can substantiate his or her situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that discharge will improve the situation.
Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the regulatory authority authorizing the separation, will be entered in item number 25 of the DD Form 214. Item number 28 will contain the narrative reason for separation, as shown in Army Regulation 635-5-1 based on the regulatory authority.
The narrative reasons for separation are shown in Appendix A of Army Regulation 635-5.
There is no record that she ever submitted a request for review of her discharge by the Army Discharge Review Board within that board’s 15-year statute of limitations.
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 Board notes that the applicant requested to be separated under the provisions of Army Regulation 635-200 paragraph 6-3b(2) for a hardship discharge because of being a sole parent. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors. Therefore, the Board concludes that there is no basis to change the narrative separation on her DD Form 214.
2. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
3. 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 therefore, has failed to submit evidence that would satisfy this requirement.
4. 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 | AR2002073971 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021121 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1984.11.09 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | SOLE PARENT CH 6 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | A110.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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