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):  020621

3.  Authority for separation:

	a.  Regulation:  Chapter 6-3b(2), 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:
			                          MCGCMDL          NCOPDR             
a.  Period entered for: 1 Year                 ARCAMDL          ASR
b.  Entry date: 011009                         NDSM (2)         
c.  Age: 36 Years   DOB: 650823                SWASMDLw/2BSS                                  
d.  Educational level:  HS Grad                KLMDL (K)                                 
e.  Aptitude area score:                       KLMDL (SA) 
	    GT: NIF                                3.  Highest grade achieved:
    f.  Length of Service:                         E4
         0 Year(s)  8 Month(s)  13 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


Other discharge(s):

	Service	From	To	Type Discharge
	USMC	840618	880505	Honorable
	USAR	010326	011008	NA





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 15 May 2002, the applicant requested discharge under the provisions of Chapter 6-3B(2), AR 635-200, for hardship/dependency of family member.  The unit commander recommended approval.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was discharged under the provisions of Chapter 6-3B(2), AR 635-200 by reason of parenthood, with a characterization of service of honorable (HD).  Furthermore, the DD Form 214 shows a separation code of KDG (i.e., parenthood).  The complete facts and circumstances leading to the applicant’s discharge are not contained in the available records.

	b.  On 21 June 2002, the applicant was discharged.  At the time of discharge, the applicant had completed 8 months, and 13 days of active military service in the period under review and had a total of 7 years, 2 months, and 29 days of active military service.  

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 soldier who are 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 020729, with four (4) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE



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:
	   (  ) Records review             ( X ) Hearing

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

	c. Review/hearing location and date:  Chicago, IL on 13 May 2003.  

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

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  11 documents.

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:
	    ( X )	Additional issue(s) identified during review/hearing as follows:

        Board Issue:  (2)  The reason for discharge is inequitable.

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

        (1)  See Paragraph 3, below. 
	
	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.

        (2)  The issue is accepted.  The Board carefully examined the available record of service during the period of enlistment under review and heard his testimony.  The evidence of record shows that while on active duty the applicant’s status suddenly changed when he became a sole parent and he was unable to immediately provide his command with a child care plan.  Based on his testimony of the mitigating circumstances surrounding these events, the Board found that the applicant’s narrative reason for separation is now inequitable.  Accordingly, the Board voted to grant relief by changing the narrative reason for separation to Secretarial Authority.  This action entails a change in RE code to 1.

3.  Response(s) to item(s) not addressed as decisional issue(s):  

    Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.

 

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                               .
	( X )	Inequitable as to reason.  Change reason to Secretarial Authority 
		under Chapter 5, AR 635-200.
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       5         0  
    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:  23 May 2003            

     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 )	Change reason and authority for discharge to
       	Secretarial Authority, AR 635-200.
           ( X )	Other (see remarks below).

Remarks:  Change RE code to 1.

SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




JOHN F. LONG    
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:  2002077027                    INDEX NUMBERS:  A9356
Date of Review:  030513                                   A1200
Character of Service: HD                                  A9500
Date of Discharge:  020621                                
Authority:  AR 635-200 C6                         
Reason:  A1500                                            
Results of Board Action/                                  
Vote/Affirmation:  MD 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