IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130014937
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the entry Hardship Discharge to the narrative reason for his separation.
2. The applicant states that he was discharged because his childs mother could not care for her and he became a sole parent who was unavailable for worldwide assignments. He became permanently disabled in 2008 and needs to have the entry Hardship added to his DD Form 214 in order to receive medical care.
3. The applicant provides a copy of his DD Form 214 and a letter from the Department of veterans Affairs.
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 13 August 1986 for a period of 3 years. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a personnel administrative specialist at Fort Benjamin Harrison, Indiana before being transferred to Fort Bragg, North Carolina for his first and only assignment on 22 January 1987.
3. On 23 October 1987, he submitted a request for discharge under the provisions of Army Regulation 635-200, paragraph 6-3b(2), for hardship due to being a sole parent.
4. The appropriate authority approved his request on 18 November 1987 because his separation would materially affect the care and support of his family by alleviating undue and genuine hardship and directed that he be furnished an Honorable Discharge Certificate.
5. Accordingly, he was honorably discharged on 10 December 1987 under the provisions of Army Regulation 635-200, paragraph 6-3b(2) due to sole parent with a separation program designator code (SPD) of MDG. He had served 1 year, 3 months and 28 days of active service.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship. An application for such separation will be approved when a service member can substantiate that his or her situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that the discharge will improve the situation.
7. Paragraph 6-3a of this regulation provides that dependency exists when death or disability of a member of the Soldier's immediate family cause that member to rely upon the Soldier for principal care or support.
8. Paragraph 6-3b of this regulation provides that hardship exists when in circumstances not involving death or disability of a member's immediate family, separation from the Service will materially affect the care and support of the family by alleviating undue and genuine hardship.
9. Army Regulation 635-5-1 (Separation Program Designator Codes) states SPD MDB is the appropriate code, with a narrative reason of hardship, to be used when separated for hardship.
DISCUSSION AND CONCLUSIONS:
1. The applicant applied for discharge due to hardship under the provisions of Army Regulation 635-200 and his discharge was approved.
2. It would be appropriate to correct his DD Form 214 to reflect a Narrative Reason for Separation of Hardship, with an SPD of MDB, and authority for separation of Army Regulation 635-200, paragraph 6-3b.
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 amending his DD Form 214 to reflect a Narrative Reason for Separation of Hardship, with an SPD of MDB, and authority for separation of Army Regulation 635-200, paragraph 6-3b.
_______ _ __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) AR20130014937
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ABCMR Record of Proceedings (cont) AR20130014937
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