BOARD DATE:  4 December 2012

		DOCKET NUMBER:  AR20120009836


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 her separation code of "LDG" and her narrative reason for separation of "Inability to Perform Prescribed Duties Due to Parenthood" listed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be removed.  The conditions no longer exist; therefore, the codes no longer apply.
	
2.  The applicant states:

	a.  the separation code of "LDG" is unjust because it is hindering her eligibility to complete the final endorsement to become commissioned in the U.S. Air Force Reserve (USAFR) Health Professions Division.

	b.  at the time she was separated she suffered an abusive domestic incident of violence by her former spouse.   She became a sole parent.  The extensive field duty caused a hardship on her ability to care for her infant son.  The base chaplain recommended separation.  She was unaware that the separation code that would appear on her discharge paperwork would prevent her from future service to her country. 

	c.  on 15 March 2012, she was scrolled by the Department of Defense and credentialed by the Surgeon General to be commissioned a captain in the USAFR pending waiver of the existing separation code on her DD Form 214. 

	d.  Since she separated from the service, she has become a board certified doctor of optometry, been in practice for 14 years, and her children have reached adulthood.

3.  The applicant provides a copy of her DD Form 214 and the birth certificates for her 2 children.

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 9 August 1984.  She completed training was awarded military occupational specialty 91A (Medical Specialist).

3.  She was initially assigned to Fort Jackson, South Carolina, and subsequently reassigned to Germany, effective 26 May 1986.  She was advanced to specialist four (SP4).

4.  On 4 November 1987, the applicant requested separation for the convenience of the Government because of her inability to perform prescribed duties due to parenthood.  She indicated she had been counseled for being absent from formations and alerts because she was unable to locate babysitters for her child. Her roles of parent and Soldier were incompatible and she could not fulfill her military obligations without neglecting her child. 

5.  On 16 December 1987, her immediate commander notified her of his intent to initiate separation action against her for inability to perform prescribed duties due to parenthood.  

6.  On 17 December 1987, the applicant acknowledged receipt of the separation notification action and waived consultation with counsel.  She indicated she submitted two statements on her own behalf; however, the statements are not available.  
7.  On 21 December 1987, her immediate commander initiated the separation action and on that date the separation authority approved her separation under the provisions of Army Regulation 635-200, chapter 5, due to inability to perform prescribed duties due to parenthood.

8.  She was honorably released from active duty on 7 January 1988.  Her DD Form 214 shows she was assigned a separation code of "LDG" and the narrative reason for her separation is shown as "Inability to Perform Prescribed Duties Due to Parenthood."

9.  Army Regulation (AR) 635-200 (Enlisted Separations), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Chapter 5 of this regulation provides, in pertinent part, that a Soldier may be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities.  Non-availability for worldwide assignment or deployment according to the needs of the Army may be a reason for separation because of parenthood.  Separation processing may not be initiated until the Soldier is adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them.  The service of a Soldier separated per this paragraph will be characterized as honorable.

10.  AR 635-5-1 (Separation Program Designators), in effect at the time, provides the specific authorities and reasons for separating Soldiers from active duty, and the separation codes to be entered on the DD Form 214.  It states the separation code "LDG" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 5, due to inability to perform prescribed duties due to parenthood.

11.  AR 635-5 (Separation Documents), in effect at the time, states in paragraph 2-1 that the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  It further states for item 28 to enter the reason for separation based on regulatory of statutory authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the separation code of "LDG" and narrative reason for her separation of "Inability to Perform Prescribed Duties Due to Parenthood" listed on her DD Form 214 should be removed.  The conditions no longer exist; therefore, the codes no longer apply.  

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights.  

3.  The type of separation directed and the reasons therefore were appropriate considering all of the facts of the case and the separation code and narrative reason on her DD Form 214 are correct.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. 

4.  The ABCMR does not establish eligibility for entry into other services nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  

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)                                         AR20110025102



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ABCMR Record of Proceedings (cont)                                         AR20120009836



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