IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100014699
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, in effect, correction of the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was honorably discharged due to retirement.
2. The applicant states, in effect, the current policy dictates that service-members such as himself receive no compensation due to being discharged as a result of circumstance that were out of their control whereas service members deemed single parents can receive compensation. He believes this policy is inequitable in that it provides benefits for service members who knowingly engage in behavior that could affect their military obligations. The policy does not provide benefits for service members who are faced with circumstances that are beyond their control and who are forced to act upon last resorts when other options are not successful despite support from their local chain of command.
3. He provides a:
* Request and Application for Compassionate Actions
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. His military records show he enlisted in the Regular Army in pay grade E-1 on 1 May 1989 and served continuously on active duty through several reenlistments.
2. On 27 March 2007, he requested a compassionate reassignment from Fort Bragg, NC to Fort McPherson or Fort Gillem, GA, based on the health of his mother. He stated his mother resided with his spouse and the deterioration of his mother's health had greatly increased the level of concern for the well being of his mother as well as his spouse's ability to provide care without him.
3. His request was disapproved on 19 April 2007.
4. On 29 May 2007, he requested a hardship discharge based on the health of his mother. He stated his request for a compassionate reassignment was disapproved due to the unavailability of slots in the location he requested.
5. On 1 June 2007, the appropriate authority approved his request for a hardship discharge and directed his service be characterized as honorable.
6. He was discharged accordingly under the provisions of paragraph 6-3A, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), due to dependency or hardship on 25 July 2007, in pay grade E-6. He was credited with 18 years, 2 months, and 25 days of net active service.
7. On 10 September 2008, the Army Discharge Review Board denied his request for a change in the character and/or reason of his discharge.
8. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Paragraph 6-3 states Soldiers on active duty may be discharged or released because of genuine dependency or hardship. Separation will be granted when all the following circumstances exist: (1) Conditions have arisen or have been aggravated to an excessive degree since entry on active duty. (2) Conditions are not of a temporary nature. (3) Every reasonable effort has been made by the Soldier to alleviate the dependency or hardship conditions without success. (4) Separation is the only readily available means of eliminating or materially alleviating the dependency or hardship conditions. The Soldier must request, in writing, separation because of dependency or hardship.
9. Army Regulation 635-200, paragraph 12-4, states a Soldier who has completed 20, but less than 30 years of active Federal service may be retired at the individuals request. The Soldier must have completed at least 20 years and all required service obligations by the requested retirement date.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered. The evidence shows on 29 May 2007 he requested a discharge under the provisions of paragraph 6-3A, Army Regulation 635-200, by reason of hardship/dependency of a family member. His hardship discharge request was approved on 1 June 2007 and he was discharged accordingly. He was credited with completion of 18 years, 2 months, and 25 days of active service.
2. Based on his completion of less 20 years of active service, he was not eligible for retirement. He submitted a request for a hardship discharge and it was approved. Item 28 of his DD Form 214 corresponds to the reason for discharge and there is no basis on which to change it.
3. Without evidence, it appears his administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would have jeopardized his rights. He was properly discharged in accordance with pertinent regulations with due process.
4. In view of the foregoing, there is no basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ 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.
_______ _ _X______ ___
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) AR20100014699
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ABCMR Record of Proceedings (cont) AR20100014699
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