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ARMY | DRB | CY2002 | 2002067043
Original file (2002067043.TXT) Auto-classification: Approved
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  970610

3.  Authority for separation:

	a.  Regulation:  Chapter 6, AR 635-200

	b.  Reason:  Parenthood

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NDSM                       
a.  Period entered for:  NIF  Years            ASR
b.  Entry date:  950405                           
c.  Age:  22  Years   DOB:  721222                                        
d.  Educational level:  HS Grad                                           
e.  Aptitude area score:
	    GT:  NIF                               3.  Highest grade achieved:
    f.  Length of Service:                         E3
          2  Year(s)  2  Month(s)  6  Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE
                                                 

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              


6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)
	


7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)
                     
	
	b.  SPCM:  
		Date   Offense(s)


	c.  GCM:	 
		Date   Offense(s)


8.	Remarks:  NONE


SECTION B - Prior Service Data
NONE

Other discharge(s):

	Service	From	To	Type Discharge






PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  Evidence of record shows that on 19 March 1997, the applicant requested discharge under the provisions of Chapter 6, AR 635-200, for hardship.  The unit commander recommended approval.  The intermediate commander reviewed the proposed discharge action and recommended approval.  On 30 April 1997, the separation authority directed that the applicant be transferred to the individual ready reserve with a characterization of service of honorable.  

	b.  On 10 June 1997, the applicant was released from active duty.  At the time of release, the applicant had completed 2 years, 2 months, and 6 days of active military service in the period under review.  

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 6-3b provides that a hardship exists when circumstances not involving death or disability for a member of the soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.


SECTION B-APPLICANT’S SUBMISSIONS


1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 011025, with seven (7) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE
	C-1:  DD Form 149, dated 010710.


PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor      ( ) Legal Advisor



      a.  Medical prehearing comments (if applicable):


      b.  Legal prehearing comments (if applicable):











PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:


	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 30 January 2002.

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

	b.  Request:  (   ) Recharacterization     ( X ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1)  The issue is rejected.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  The Board noted that the applicant was approved for release from active duty under the provisions of Chapter 6, AR 635-200, by reason of hardship due to his wife’s medical disability.  However, someone in the separation process erroneously annotated the applicant’s DD Form 214 to show that he was released from active duty by reason of parenthood.  Accordingly, the Board directed an administrative change to the narrative reason for discharge to reflect “Hardship” and the Separation Designator Code to reflect “MDB.”

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE


PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .

	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to ________________
		under __________________________.
	( X )	Both proper and equitable, reason for separation cited was an administrative/clerical error and should be changed to Hardship under Chapter 6-3b, AR 635-200.

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  1 February 2002        

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

           ( X )	Other (see remarks below).

Remarks:  Administratively correct the applicant’s DD Form 214 as follows:
          block 25 to reflect AR, 635-200, Chapter 6-3b;” block 26 to
          reflect “MDB;” and, block 28 to reflect “Hardship.”

SECTION B - CERTIFICATION

Approval Authority:


GERARD W. SCHWARTZ
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




EARNEST C. SMITH, JR.    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2002067043                    INDEX NUMBERS:  A9217
Date of Review:  020130                                   A9500
Character of Service:  HD                                 A0100
Date of Discharge:  970610                                
Authority:  AR 635-200 C6                         
Reason:  A3500                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               






PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. 	Mbr          X                 X       

    2. 	Mbr          X                 X       

    3. 	Mbr          X                 X       

    4. 	Mbr          X                 X       

    5. 	PO           X                 X       





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