IN THE CASE OF:	  

		BOARD DATE:	       30 JULY 2009

		DOCKET NUMBER:  AR20090004842 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the narrative reason for separation and separation code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect that he was discharged for "Hardship."

2.  The applicant states that during the time he was deployed in the Gulf War he was notified that his mother had died.  After arriving back in the States he found out she was still alive, but terminally ill and diagnosed with lung cancer.

3.  The applicant provides a copy of his DD Form 214 and a copy of a Desert Shield/Storm Database Inquiry.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 11 July 1989 for a period of 4 years and training as an airborne qualified combat signaler.  He successfully completed his training and was assigned to an airborne signal unit at Fort Bragg, North Carolina.  He was advanced to the pay grade of E-3 on 11 March 1990 and on 1 September 1990, he deployed to Southwest Asia in support of Operation Desert Shield/Storm.

3.  The available records do not reflect when the applicant returned to the Continental United States; however, on 13 February 1991, while at Fort Bragg, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200, paragraph 6-3a, for the purpose of taking care of his ailing mother.  As part of his request he provided a letter from himself, a pastor, his wife, a social worker and two letters from a doctor indicating that the applicant's mother had brain cancer and needed 24-hour care.

4.  The entire chain of command recommended approval of his request and his request was approved on 4 March 1991.

5.  Accordingly, he was honorably discharged on 21 March 1991, under the provisions of Army Regulation 635-200, paragraph 6-3a, due to dependency.  He had served 1 year, 8 months and 11 days of total active service and was issued a separation code of "MDH."

6.  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 the discharge will improve the situation.

7.  Paragraph 6-3a of this regulation provides that dependency exists when death or disability of a member of the Soldier's immediate family cause that member to rely upon the Soldier for principal care or support.

8.  Paragraph 6-3b of this regulation provides that hardship exists when in circumstances not involving death or disability of a member's immediate family, separation from the Service will materially affect the care and support of the family by alleviating undue and genuine hardship.




DISCUSSION AND CONCLUSIONS:

1.  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.  

2.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, paragraph 6-3a for dependency was administratively correct and in conformance with applicable regulations.

3.  Accordingly, his narrative reason for separation and separation code were correct and accurately reflect the basis for his separation.

4.  The applicant's contentions have been considered; however, the applicant's circumstances surrounding his discharge did not meet the provisions for a hardship discharge.  Accordingly, he was properly discharged for dependency because his discharge was based on the disability of an immediate family member.

5.  Accordingly, there is no basis to change the narrative reason for his discharge or the separation code which reflects that he was discharged for dependency.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.




2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Gulf War.  The applicant and all Americans should be justifiably proud of his service in arms.

      
      
      _______ _   _XXX______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090004842



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ABCMR Record of Proceedings (cont)                                         AR20090004842



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