IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012850
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 the narrative reason for separation on her
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 9 September 1994 be changed to hardship instead of parenthood.
2. She states she got out of the Army because she and her spouse were both being deployed to Haiti. She adds that at the time, their premature daughter was scheduled to have surgery. She was also going to live with her parents in CA while she and her spouse were deployed. She states she needed a few days to get her daughter situated, but after confronting her "supervisor" she was given an ultimatum to choose her daughter or the military. She adds she also sought advice from the Chaplain who informed her that it would be a hardship for her to be in Haiti without knowing the status of her daughter.
3. She provides her self-authored statement and 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. After having prior U.S. Army Reserve Service, on 30 June 1993, the applicant enlisted in the Regular Army.
3. A memorandum, undated, contained in the applicant's military personnel file, shows the applicant requested a hardship discharge due to the premature birth of her daughter. In her memorandum she explained that she and her spouse were both in the military and it was difficult for them to try and run their daughter back and forth to the hospital. She said because she was in the Army, she had dropped her child off in CA which was very hard for her to do. She also said that she did not think she would be able to devote her attention or give her full effort to the Army because her daughter was her primary concern.
4. Her DD Form 214 shows she was honorably discharged on 9 September 1994 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 6-3b(1) parenthood. Item 26 (Separation Code) shows she was assigned a separation program designator (SPD) code of "MDG." She was credited with completing 1 year, 2 months, and 10 days of active service this period.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 6 provides for the separation because of dependency or hardship:
a. Paragraph 6-3b states that hardship exists when in circumstances not involving death or disability of a member of the Soldiers (or spouses) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.
b. Paragraph 6-3b(1) Parenthood of married Soldiers states a married Soldier who becomes a parent by birth, adoption or marriage (stepparent), and whose child (or children) under 18 years of age reside within the household, may apply for separation under hardship. The Soldier must submit evidence that the roles of parent and Soldier are incompatible and that they cannot fulfill their military obligation without neglecting the child or children.
6. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code MDG is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 6-3b(1), by reason of parenthood.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was separated due to hardship, but the specific reason for the hardship was parenthood. Further, she was assigned an SPD code of MDG which is consistent with the reason for separation. Therefore, her DD Form 214 is correct as constituted.
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) AR20130012850
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ABCMR Record of Proceedings (cont) AR20130012850
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