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-ANALYSTS 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 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.
SECTION B-APPLICANTS SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicants 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 applicants 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 wifes medical disability. However, someone in the separation process erroneously annotated the applicants 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 applicants 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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