IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110009614
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 she be issued a separation code to reflect that she was discharged because of Parenthood.
2. The applicant states that she was supposed to be discharged because of parenthood; however, the separation code she was issued (LDG) indicates that she was discharged due to inability to perform prescribed duties due to parenthood. She further states that at no time was she unable to perform her duties and never once did fail to perform her duties due to parenthood. Never once did her parenthood effect her doing her job.
3. The applicant provides a third party letter of support.
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 applicants 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 applicants 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 on 20 September 1995 for a period of 4 years and training as a personnel management specialist. She completed her one-station unit training at Fort Jackson, South Carolina and was transferred to Fort Hood, Texas for her first and only duty assignment. She was advanced to the pay grade of E-3 on 20 September 1996.
3. On 10 July 1997 the applicant submitted a request for a hardship discharge in accordance with Army Regulation 635-200, paragraph 6-3(b) to be effective 15 August 1997.
4. Her company commander recommended approval of her request and indicated that she was a good Soldier but was unable to balance the needs of the Army and the needs of her family. The remainder of the chain of command recommended approval of her request for discharge under paragraph 6-3(b).
5. The appropriate authority approved her request on 16 July 1997 and directed that she be honorably released from active duty under the provisions of Army Regulation 635-200, paragraph 6-3(b).
6. Accordingly, she was honorably released from active duty (REFRAD) on 22 August 1997 under the provisions of Army Regulation 635-200, paragraph 6-3(b) due to parenthood. She was issued a separation code of LDG which indicates inability to perform prescribed duties due to parenthood. She had served 1 year, 11 months and 3 days of active service.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the separation codes to be used for specific separation authorities. It provides, in pertinent part, that the separation code LDG will be used for separations approved under Army Regulation 635-200, paragraph 5-8 due to involuntary separation due to inability to perform prescribed duties due to parenthood. Separations conducted under paragraph 6-3(b) (1) or (2) will use the SPD Code KDG indicating voluntary separation for parenthood or hardship.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and found to have merit. The applicant was approved for separation under the provisions of Army Regulation 635-200, paragraph 6-3(b). However, her DD Form 214 was prepared to reflect that she was separated under the provisions of Army Regulation 635-200, paragraph 5-8.
2. As a result of the incorrect separation authority reflected on her DD Form 214, she was issued a separation code of LDG which is issued for involuntary separation due to inability to perform prescribed duties due to parenthood.
3. Accordingly, her DD Form 214 should be corrected to show that the correct separation authority is Army Regulation 635-200, paragraph 6-3(b) and that her SPD Code is KDG.
BOARD VOTE:
____X____ ___X_____ ___X_____ 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:
* Deleting the entry AR 635-200, Para 5-8 from block 25 of her DD Form 214
* Adding the entry AR 635-200, Para 6-3(b) in block 25 of her DD Form 214
* Deleting the entry LDG from block 26 of her DD Form 214
* Adding the entry KDG in block 26 of her DD Form 214
_______ _ _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) AR20110009614
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