IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100026003


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, change of his narrative reason for separation from "Parenthood" to "Hardship."

2.  The applicant states his wife was diagnosed with Addison's Disease and Grave's Disease, and he needed to take care of her.  He was discharged, but the narrative reason on his DD Form 214 (Certificate of Release or Discharge from Active Duty) lists "Parenthood."  He states he has no children and he is not a parent.  He believes he should have been discharged for hardship.

3.  The applicant provides:

* his DD Form 214
* a medical statement, dated 18 June 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 29 July 2008 for a period of 8 years.  On 18 August 2008, he was discharged from the USAR DEP and he enlisted in the Regular Army on
19 August 2009 for a period of 6 years and 17 weeks.  He completed training and he was awarded military occupational specialty 11B (Infantryman).  He was not married at the time of his enlistment.


2.  Upon completion of training at Fort Benning, GA he was transferred to Fort Stewart, GA for assignment to Company B, 1st Battalion, 30th Infantry.

3.  On an unknown date, the applicant married a woman with Addison's Disease and Grave's Disease.  On 10 July 2009, the applicant's company commander counseled him on the mandatory requirement to have, within 30 days, a Family Care Plan (FCP) in accordance with Army Regulation 600-20 (Army Command Policy), paragraph 5-5.  The applicant indicated he did not require 30 days in which to complete an FCP because he had no intention of doing so.

4.  Based on the applicant's stated intent not to comply with the requirement to complete an FCP, his company commander counseled him on the possibility he could be involuntarily separated in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-8 for parenthood.

5.  On an unknown date, the applicant consulted with legal counsel and he was advised of the basis for the proposed involuntary separation due to parenthood and its effects.  He was also advised of his rights.  The applicant stated he understood his rights, waived counsel, and elected not to make a statement in his own behalf.

6.  The request to separate the applicant was forwarded to the approving authority with recommendations for issuance of an honorable discharge.  On
3 September 2009, the approving authority approved the request and directed the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-8, by reason of involuntary separation due to parenthood, with issuance of an honorable discharge.

7. On 17 September 2009, the applicant was discharged accordingly.  He completed 1 year and 29 days of creditable active service.

8.  Army Regulation 600-20 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.  Paragraph 5-5 discusses FCPs and states:

	a.  The Army assists the Soldier in providing for the care of his or her family members.  Plans must be made to ensure family members are properly and adequately cared for when the Soldier is deployed, on temporary duty (TDY), or otherwise not available due to military requirements.


	b.  DA Form 5305 (Family Care Plan) is the means by which Soldiers provide for the care of their family members when military duties prevent the Soldier from doing so.  It will include proof that guardians and escorts have been thoroughly briefed on the responsibilities they will assume for the sponsor/Soldier and the procedures for accessing military and civilian facilities and services on behalf of the family members of the sponsor/Soldier.  It will attest that the guardian and escort agreed to provide care and have been provided all necessary legal authority and means to do so.

	c.  Commanders of Active Army and Reserve Component Soldiers, regardless of the Soldier’s grade, will conduct or arrange for FCP counseling and require an FCP be completed under a number of scenarios, including when a Soldier's spouse is incapable of self-care or is otherwise physically, mentally, or emotionally disabled so as to require special care or assistance.

9.  Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.

	a.  Paragraph 5-8 discusses involuntary separation due to parenthood, which is a convenience of the government separation policy.  Soldiers will be considered for involuntary separation when their parental [i.e., family] obligations interfere with fulfillment of military responsibilities.

	b.  Chapter 6 deals with dependency and hardship and states hardship exists when in circumstances not involving death or disability of a member of the 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.  It further states inability to obtain an approved FCP does not qualify the Soldier for separation under this provision.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The regulation lists every SPD code applicable to enlisted personnel in a table.  This table shows that Soldiers involuntarily released from active duty under the authority of Army Regulation 635-200, paragraph 5-8 are assigned an SPD code "JDG."  A discharge for hardship is a voluntary separation under the authority of Army Regulation 635-200, paragraph 6-3a or b with an assigned SPD code of "KDB."


DISCUSSION AND CONCLUSIONS:

1.  The applicant's wife had medical conditions which required him to have an FCP to provide for her care should he be unable to do so.  He refused to establish an FCP and he was counseled about a possible involuntary discharge under the provisions of Army Regulation 635-200, paragraph 5-8 for failing to do so.

2.  Army Regulation 600-20 states an FCP must be completed under a number of scenarios, including when a Soldier's spouse is incapable of self-care or is otherwise physically, mentally, or emotionally disabled so as to require special care or assistance.

3.  Although "parenthood" is an inartful term because it would seem to refer only to a Soldier's parental obligation to a child, in this case it encompasses the broader definition of a Soldier's familial obligation to any family member.  In this broader definition, Army Regulation 635-200, paragraph 5-8, applies in the applicant's particular circumstance.

4.  Army Regulation 635-200, chapter 6, specifically prohibits granting a hardship discharge to a Soldier for his or her inability to obtain an approved FCP.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100026003



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ABCMR Record of Proceedings (cont)                                         AR20100026003



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