BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002223
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 correction of the narrative reason for separation on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Hardship."
2. The applicant states her narrative reason for separation should be changed from "sole parent" to "hardship" so that she may be eligible for healthcare benefits.
3. The applicant provides her DD Form 214.
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 3 April 1992. She completed training and was awarded military occupational specialty 88M (Motor Transport Operator).
3. On 3 February 1993, the applicant requested separation from the Army under the provisions of paragraph 6-3b(1) of Army Regulation 635-200 (Personnel Separations), by reason of hardship discharge.
4. On 3 February 1993, the applicants commander recommended approval of the applicants request.
5. On 15 February 1993, the separation authority approved the applicant's separation for hardship for being a sole parent in accordance with chapter 6-3b of Army Regulation 635-200 and directed her term of service be characterized as honorable. Accordingly, the applicant was honorably released from active duty on 3 March 1993 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining service obligation. The DD Form
214 she was issued at the time confirms she completed 11 months and 1 day of active military service. Item 25 (Separation Authority) shows the entry "AR
635-200, para 6-3b(2)." Item 28 (Narrative Reason for Separation) shows the entry Sole parent."
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 6 of Army Regulation 635-200 governs separation because of dependency or hardship. Paragraph 6-3b(2) provides that Soldiers who are sole parents, and whose child or children under 18 years of age reside within the household, may apply for separation under hardship. A "sole parent" is defined as a parent who is single by reason of never having been married, or is divorced or legally separated and has been awarded child custody by judicial decree or court order, or is a widow/widower.
DISCUSSION AND CONCLUSIONS:
1. The ABCMR does not grant requests to change properly-assigned narrative reasons for separation solely for the purpose of making an applicant eligible for benefits. Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.
2. The applicant contends that her narrative reason for separation should be changed from sole parent to hardship. After reviewing the applicant's request for separation it was determined that the separation authority approved her voluntary request for hardship discharge and directed that she be issued an honorable discharge. Accordingly, the applicant was discharged under the provisions of paragraph 6-3b(2), Army Regulation 635-200, by reason of "sole parent." A sole parenthood separation is a valid subcategory of a hardship separation.
3. Records clearly show the applicant voluntarily requested discharge from the Army due to being a sole parent. All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.
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.
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