Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003083846
Original file (2003083846.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

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

1. Character of Discharge: General, Under Honorable Conditions

2. Date of discharge (or REFRAD): 000825

3. Authority for separation:

         a. Regulation: Chapter 5, 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:
                            ASR
a. Period entered for: 4 Years
b. Entry date: 990204
c. Age: 22 Years DOB: 771213
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 86 3. Highest grade achieved:
f. Length of Service: E4
1 Year(s) 6 Month(s) 22 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
         RA       960926   990204   Honorable



PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 13 July 2000, DA, HQ, U.S. Army, Europe Kitzingen Transition Center, Germany, APO AE, Orders 195-008 released the applicant from the Regular Army, effective 24 April 2004. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, AR 635-200 by reason of parenthood, with a characterization of service of honorable conditions. The specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.

         b. On 25 August 2000, the applicant was released from active duty. At the time of release, the applicant had completed 1 year, 6 months, and 22 days of active military service in the period under review and had a total of 3 years, and 11 months.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5, paragraph 5-8, in pertinent part, states that individuals will be considered for involuntary separation when parental obligations interfere with the fulfillment of military responsibilities. Separation processing may not be initiated until the individual has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them. An individual being discharged under this chapter will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry-level status.
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 021100.
         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:
         ( X ) Records review ( ) Hearing

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

         c. Review/hearing location and date: Washington, DC on 11 June 2003 .

         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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (2) The characterization of service was too harsh.

         b. Request: ( X ) Recharacterization ( ) 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.

 (2) The issue is accepted. The Board carefully examined the applicant’s available record of service during the period of enlistment under review. All the facts and circumstances leading to the applicant’s separation are not contained within the record. The available evidence shows the applicant was separated under the provisions of AR 635-200, Chapter 5-8, by reason of parenthood with a general, under honorable conditions discharge. The Board noted that the applicant successfully completed her first term of service and attained the rank of specialist four/E-4. The record does not contain any evidence of nonjudicial punishment, courts-martial, performance counseling, or reductions due to misconduct. In view of the foregoing, the Board determined that the characterization of service was inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it.
(1) See Paragraph 3, below.

 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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( )      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 0 5
Characterization 4 1

         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: 13 June 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 characterization of discharge to Honorable.
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: 2003083846 INDEX NUMBERS: A9406
Date of Review: 030611 A9218
Character of Service: GD A0113
Date of Discharge: 000825
Authority: AR 635-200 C5
Reason: A1500
Results of Board Action/
Vote/Affirmation: HD 4-1 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           






Similar Decisions

  • ARMY | DRB | CY2001 | 2001058301

    Original file (2001058301.rtf) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent on receiving a characterization of service no less favorable than a general, under honorable conditions, and did not submit a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2003 | 2003084931

    Original file (2003084931.rtf) Auto-classification: Denied

    It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official...

  • ARMY | DRB | CY2000 | 2000039839

    Original file (2000039839.rtf) Auto-classification: Approved

    Evidence of record shows that on 31 December 1990, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 8 AR 635-200, by reason of inability to perform prescribed duties due to parenthood, with a general discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, declined a separation medical examination and did not submit a statement in her own behalf. On 17 January 1991, the...

  • ARMY | DRB | CY2004 | AR20040000666

    Original file (AR20040000666.doc) Auto-classification: Denied

    On 5 December 2002, the applicant was discharged. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel,...

  • ARMY | DRB | CY2003 | 2003092081

    Original file (2003092081.rtf) Auto-classification: Approved

    On 3 October 2002, the applicant was discharged. SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2003 | 2003094234

    Original file (2003094234.rtf) Auto-classification: Denied

    This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. The applicant’s DD Form 214 shows that the applicant was involuntarily discharged under the provisions of Chapter 5, Paragraph 5-8, AR 635-200, by reason of parenthood with a characterization of service of honorable and a reentry eligibility (RE) code of “3.” In connection with such a discharge, the applicant’s chain of command would have...

  • ARMY | DRB | CY2003 | 2003093835

    Original file (2003093835.rtf) Auto-classification: Approved

    On 25 August 2000, the applicant was discharged. SECTION B - CERTIFICATION Approval Authority:ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board AR Number: 2003093835 INDEX NUMBERS: A0102 Date of Review: 040407 A1200 Character of Service: UD A0144 Date of Discharge: 000825 A9217 Authority: AR 635-200 C14 Reason: A6750 Results of Board Action/ Vote/Affirmation: HD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2000 | 2000036124

    Original file (2000036124.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990803. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 2000036124 INDEX NUMBERS: A0113 Date of Review: 000330 A9405 Character of...

  • ARMY | DRB | CY2004 | AR2004101498

    Original file (AR2004101498.doc) Auto-classification: Denied

    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. This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing...

  • ARMY | DRB | CY2003 | AR2003093198

    Original file (AR2003093198.doc) Auto-classification: Denied

    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. On 17 April 2001, the separation authority approved the applicant’s request for discharge and directed that her service be characterized as honorable. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case...