MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 25 September 2003
                  DOCKET NUMBER: AR2003089016

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Regan K. Smith		Member
Ms. Linda D. Simmons		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that the narrative reason for separation on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from parenthood to hardship.

APPLICANT STATES: In effect, that she requested a discharge from the Army under the provisions of Army Regulation (AR) 635-200, chapter 6, paragraph
6-3b(2) which clearly states, hardship. In a self-authored plea for a fair and reasonable review of her application for correction of her military record, she states, "I requested a discharge from active duty due to hardship under the provisions of Chapter 6, AR 635-200, by reason of being a sole parent and not having anyone to provide adequate care for my children in the event of my absence, due to war or training exercises. The narrative reason for separation stated on my DD Form 214 is parenthood, which is not what I requested or what the Army code above states. Paragraph 6-3b (2) provides that soldiers who are sole parents, and whose children under 18 years of age reside within the household may apply for separation under hardship."

To support her application, the applicant submits; a copy of the DA Form 4187, Personnel Action, dated 10 May 1994, with two first endorsements; a copy of the affidavit, which she submitted with her DA Form 4187; and a copy of the DD Form 214 issued to her on her release from active duty.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant’s military records show that she enlisted in the US Army Reserve Delayed Entry Program on 12 August 1992 for 8 years and in the Regular Army on 17 August 1992 for a period of 3 years.

The applicant successfully completed basic training and advanced individual training at Fort Jackson, South Carolina. On completion of her training, she was awarded the military occupational specialty (MOS) 94B, Food Service Specialist.

On 11 May 1994, the applicant submitted a request for a chapter 6, hardship discharge. In Section IV of the DA Form 4187, she entered, "I request a chapter 6 hardship because I am a sole parent and my family care plan is not effectively working. Provided are the supporting statements that confirm this hardship."

In the affidavit submitted with her request for discharge, the applicant included the following statements, "I joined the military as a single parent and in order to do so I had to give my mother legal custody of my son. . . . When I arrived at Fort Campbell, Kentucky, I was one month pregnant with my second child. . . . I never completed a family care plan once the child was born. I have tried to find a

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family care provider but cannot afford the rates they are charging. My unit is scheduled for an NTC rotation on 25 May 1994 until 25 June 1994 and I have no one to provide for my child. My mother is my last result [meaning resort], but she has to provide for my oldest son, her 13 year old son who has a learning disability and her elderly parents."

The applicant's chain of command recommended approval of her request and further recommended that she receive an honorable discharge and that she be transferred to the IRR (Individual Ready Reserve) to complete any remaining service obligation.

On 23 May 1994, Orders 143-00581 were published by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky, reassigning the applicant to the US Army Transition Point for release from active duty. Additional Instructions of the orders are as follows: "(A) Soldier separated under provisions of chapter 6, paragraph 6-3b(2), AR 635-200." and "(B) SPD: MDG."

The applicant's DD Form 214 shows that she was released from active duty on 3 June 1994 under the provisions of AR 635-200, paragraph 6-3b(2) and her service was characterized as honorable. Her DD Form 214 also shows that she had completed 1 year, 9 months, and 17 days of creditable active military service. The applicant was given a separation code of "MDG" on her separation from active duty and a narrative reason for separation of, "Parenthood."

The applicant applied to the Army Discharge Review Board (ADRB) for a change in the narrative reason for separation, from parenthood, to hardship. After careful consideration of her application, military records, and all other available evidence, the ADRB determined that the applicant had been properly and equitably discharged. The ADRB determined that no change in the narrative reason for discharge was required. The applicant was notified of the board's decision on 3 November 2000.

Chapter 6, AR 635-200, paragraph 6-3 states that soldiers may be discharged or released from active duty because of genuine dependency or hardship. "Hardship exists when in circumstances not involving death or disability of a member of the soldier's immediate family, separation from the service will materially affect the care and support of the family by alleviating undue and genuine hardship. Soldiers who are sole parents, and whose children under 18 years of age reside within the household, may apply for separation under hardship. A "sole parent" is defined as a parent who is single by reason of never having been married, or is divorced or legally separated and has been awarded child custody by judicial decree or court order, or is a widow or widower."

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Paragraph 6-7a. (5), AR 635-200, states, "When the basis for separation is parenthood of married service women or sole parenthood of soldiers, the supporting evidence will be in affidavit form. It will support the applicant's claim that unexpected circumstances, or circumstances beyond his or her control have occurred since acquired parenthood which prevents fulfillment of military obligations without neglect of the child."

AR 635-5-1 states that SPD (Separation Program Designator) Codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data. It notes that "MDG" is the appropriate SPD code for individuals separated for parenthood and when the regulatory authority for the individual's release from active duty is AR 635-200, paragraph 6-3b(1) or (2).

The SPD code, "MDB," is the appropriate SPD code for individuals separated for hardship and when the regulatory authority for the individual's release from active duty is AR 635-200, paragraph 6-3a or b.

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. On her entry into the Army, the applicant was already a sole parent. The applicant was unmarried and in order for her to enter the Army, she gave her mother legal custody of her son.

2. When she enlisted in the Army, she was already one month pregnant with her second child. After the child was born, by her admission and contrary to the statement made in her DA Form 4187, she did not submit a family care plan, as she was required to do.

3. The applicant's statement in the remarks section of the DA Form 4187 states, "I am a sole parent and my family care plan is not working effectively."

4. The applicant's inability to fulfill her military obligations without neglect of the children stemmed from her, as she states in her self-authored plea, "not having anyone to provide care for her children in the event of her absence due to war or training exercises."

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5. The narrative reason shown in the applicant's DD Form 214 is correct and there is insufficient convincing evidence that a change is required at this time.

6. 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.

7. In view of the foregoing, there is no basis for granting the applicant's request, at this time.

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

__js ____ ___lds___ ___rks___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2003089016
SUFFIX
RECON
DATE BOARDED	2003/09/25
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 189	110.0000
2. 191	110.0200
3.
4.
5.
6.