RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060011832
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reinstatement in the US Army Reserve (USAR).
2. The applicant states her discharge was an error; other Soldiers without family care plans were retained.
3. The applicant provides:
a. Her DD Form 214 (Certificate of Release or Discharge From Active Duty).
b. An 8 August 2006 letter to the Army Board for Correction of Military Records (ABCMR).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR for 8 years on 6 February 2001. At the time of her enlistment, she stated she was single with no dependents. Some time following her enlistment she had a baby.
2. Army Regulation (AR) 600-20 (Army Command Policy) prescribes the policies and responsibilities of command, which include the well-being of the force, military discipline and conduct, the Army Equal Opportunity Program, and the Army Sexual Assault Victim Program. It provides, in part, for the establishment of The Family Care Plan to ensure family members are properly and adequately cared for when the Soldier is deployed, on temporary duty (TDY), at Annual Training, or otherwise not available due to military requirements.
3. The applicant established a Family Care Plan to provide for her infant baby in event she was called to active duty and deployed.
4. On 7 December 2003, the applicant's unit was mobilized and she was ordered to active duty. At that time, her Family Care Plan proved ineffective and there was no one to take care of her child. On 26 January 2004, she voluntarily, in writing, requested separation under the provisions of AR 635-200, paragraph 5-8, for parenthood. Her request was approved and the approving authority directed an Honorable Discharge under the provisions of AR 635-200, paragraph 5-8, for parenthood. The approving authority directed the applicant not be transferred to the Individual Ready Reserve (IRR), per paragraph 1-36, AR 635-200.
5. On 20 February 2004, the applicant was honorably discharged. She has had no affiliation with the Army since her discharge.
6. AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-8 provides for separation when parenthood interferes with worldwide deployment. Chapter 1-36 states Soldiers with a remaining military service obligation (MSO) are ineligible for transfer to the IRR when released by reason of parenthood.
DISCUSSION AND CONCLUSIONS:
1. The applicant voluntarily sought separation by reason of parenthood. her request was granted and, under the provisions of AR 635-200, she was properly denied transfer to the IRR.
2. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__wfc___ __eem___ __rmn___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
William F. Crain
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060011832
SUFFIX
RECON
DATE BOARDED
20070308
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110.0300
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5.
6.
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