RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20070000392 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Eric Andersen

Chairperson

Mr. Scott Faught

Member

Ms. Ernestine Fields

Member

	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 that item 28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 14 June 2005 be changed to Hardship instead of Secretarial Authority.

2.  The applicant states, in effect, that he petitioned the Army Discharge Review Board (ADRB) to change his narrative reason for separation to hardship.  The ADRB determined that his narrative reason for separation was improper and changed it to Secretarial Authority.  He contends that he was denied educational benefits due to the narrative reason “Secretarial Authority.”  He requests that his narrative reason for separation be changed to Hardship as previously requested. 

3.  The applicant provides two letters, dated 14 September 2006, he wrote to Members of Congress; a letter, dated 15 February 2005, from the Education Incentives Branch, Human Resource Command, Alexandria, Virginia; his ADRB proceedings with supporting documentation; a DD Form 214 issued on 14 June 2005; and a DD Form 214 for the period ending 3 February 2003.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 23 January 2001 for a period of 4 years.  He successfully completed basic training and advanced individual training in military occupational specialty 96D (imagery analyst).

2.  The facts and circumstances surrounding the applicant’s discharge are       not available.  However, the applicant provided a DA Form 4187 (Personnel Action), dated 10 December 2002, which shows he requested separation from the service under the provisions of Army Regulation 635-200, chapter 6, for hardship/dependency.  This form states that his mother was diagnosed with major depression, that he is his mother’s closest family member, that his mother no longer recognizes other family members as a source of comfort and support, and that other family members are unable to physically and financially support her.  The applicant also provided statements of support from family members. 

3.  The applicant’s DD Form 214 for the period ending 3 February 2003 shows that he was honorably discharged under the provisions of Army Regulation 
635-200, paragraph 6-3b(1) for parenthood.  He had completed 1 year, 
11 months, and 20 days of creditable service.   

4.  Item 25 (Separation Authority) on his DD Form 214 shows the entry, “AR [Army Regulation] 625-200 PARA [paragraph] 6-3B(1).”  Item 26 (Separation Code) on his DD Form 214 shows the entry, “MDG.”  Item 28 on his DD Form 214 shows the entry, “PARENTHOOD.”   

5.  On 13 April 2005, the ADRB determined that the applicant’s narrative reason for separation was improper.  The applicant presented convincing evidence that he had requested separation under the provisions of Army Regulation, chapter 6, for hardship due to his mother’s health problems and the need for his presence.  It is the policy of the ADRB to use “Secretarial Authority” as the narrative reason for separation when the Board determines that the reason is either improper or inequitable.  The ADRB voted to grant full relief in the form of a change to the narrative reason for separation to Secretarial Authority.    

6.  On 14 June 2005, the applicant’s DD Form 214 was administratively reissued. Item 25 on this DD Form 214 shows the entry, “AR [Army Regulation] 625-200 PARA [paragraph] 5-3.”  Item 26 on this DD Form 214 shows the entry, “MFF.”  Item 28 on this DD Form 214 shows the entry, “SECRETARIAL AUTHORITY.”   

7.  In support of his claim, the applicant provided a letter, dated 15 February 2006, from the Chief, Education Incentives Branch.  This letter states, in pertinent part, that the applicant was denied education benefits by the Department of Veterans Affairs because the narrative reason for separation “Secretarial Authority” and separation program designator (SPD) “MFF” is categorized as a convenience of the Government separation.  It also states that a separation code for hardship would entitle him to one month of education benefits for each month served.   

8.  Paragraph 6-3b of Army Regulation 635-200 (Personnel Separations) states that Soldiers of the Active Army and the Reserve Components may be discharged or released because of hardship.  The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. 

9.  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.  The regulation states the reason for discharge based on separation code “MFF” is “Secretarial Authority” and the regulatory authority is Army Regulation 635-200, paragraph 
5-3.  

10.  Army Regulation 635-5-1 states the reason for discharge based on separation code “KDB” is “Hardship” and the regulatory authority is Army Regulation 635-200, paragraph 6-3a or 6-3b.  

11.  The Department of Veterans Affairs booklet, “Federal Benefits for Veterans and Dependents,” 2007 edition, states veterans who did not complete the required period of service may still be eligible for Montgomery GI Bill (MGIB) education benefits if discharged for one of six different reasons, including            if separated for hardship or for the convenience of the government with              30 continuous months of service for an obligation of three or more years.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant applied to the ADRB for a narrative reason for separation change to hardship/dependency and he provided substantive evidence to support his request.  Although the ADRB determined that the narrative reason for separation of “Parenthood” was improper, and that the applicant had provided convincing evidence that he had requested separation under the provisions of Army Regulation, chapter 6, for hardship due to his mother’s health problems and the need for his presence, the ADRB’s policy provided for the narrative reason for separation “Secretarial Authority.”   

2.  Because the applicant enlisted for 4 years but did not complete 30 months of continuous service by the time he separated, because the ADRB changed his narrative reason for separation to “Secretarial Authority,” and because “Secretarial Authority” is categorized as a convenience of the Government separation, the applicant is being denied educational benefits.

3.  Since the evidence of record shows that he should have been discharged due to hardship, it would be equitable to correct his DD Form 214 issued on 14 June 2005 to show he was discharged under the provisions of Army Regulation     635-200, paragraph 6-3b, for hardship.  Therefore, items 25, 26, and 28 on his DD Form 214 issued on 14 June 2005 should be corrected.

BOARD VOTE:

EA_____  SF______  _EF_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entries in items 25, 26, and 28 on his DD Form 214 issued on 14 June 2005;

	b.  adding the entry, “AR 635-200 PARA 6-3B” in item 25 on this DD Form 214;
	c.  adding the entry, “KDB” in item 26 on this DD Form 214; and  

	d.  adding the entry, “HARDSHIP” in 28 on this DD Form 214. 




__Eric Andersen_______
          CHAIRPERSON




INDEX

CASE ID
AR20070000392
SUFFIX

RECON

DATE BOARDED
20070703
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
110.0200
2.

3.

4.

5.

6.