Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003092081
Original file (2003092081.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): 021003

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:
                            AAM
a. Period entered for: 4 Years ASR
b. Entry date: 990915
c. Age: 24 Years DOB: 750125
d. Educational level: 14 Years
e. Aptitude area score:
          GT: 113 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 0 Month(s) 19 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. All the facts and circumstances pertaining to the applicant’s discharge process are not in the available records. The available evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Paragraph 5-8, AR 635-200, for parenthood (i.e., failure to fulfill parenthood obligations), with a characterization of service of honorable. She was advised of her rights. The unit commander subsequently recommended approval of the discharge action with a characterization of honorable. The intermediate commander recommended approval with a characterization of service of honorable. O n 1 October 2002, DA, HQ, 24 th Infantry Division (Mech), Fort Riley, Kansas, Orders 274-0009 discharged the applicant from the Regular Army, effective date 3 October 2002. The record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge From Active Duty), which was authenticated by the applicant’s signature. Her DD Form 214 indicates that she 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 general, under honorable conditions, a separation code of JDG (i.e., Parenthood), and an RE code of 3.

         b. On 3 October 2002, the applicant was discharged. At the time of her discharge, the applicant had completed 3 years, and 19 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. Chapter 5, paragraph 5-8 provides that a soldier may be separated when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises, or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army. Unless reason for separation requires a specific characterization, a soldier being separated for the convenience of the government will be awarded 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 030506, with 16 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:
         ( X ) Records review ( ) Hearing

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

         c. Review/hearing location and date: Washington, DC on 14 January 2004 .

         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 is 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 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 applicant’s record of service during the period of enlistment under review . The Board noted that the applicant was discharged for the sole reason of parenthood (i.e., failure to fulfill parenthood obligations). The Board also noted the lack of any other derogatory information in the record and the unit and intermediate commander's recommendation for an honorable characterization of service. Based on these factors, the Board determined that the characterization of service granted is inequitable. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. The Board found that the reason for discharge was proper and equitable and voted not to change it.

 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 5 0

         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       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 16 January 2004

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:




MARY E. SHAW
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: 2003092081 INDEX NUMBERS: A9406
Date of Review: 040114 A9218
Character of Service: GD A0113
Date of Discharge: 021003
Authority: AR 635-200 C5
Reason: A1500
Results of Board Action/
Vote/Affirmation: HD 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           






Similar Decisions

  • ARMY | DRB | CY2003 | 2003092177

    Original file (2003092177.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE 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 AR Number: 2003092177 INDEX NUMBERS: A9217 Date of Review: 040114...

  • 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 | AR2004103129

    Original file (AR2004103129.doc) Auto-classification: Denied

    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. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • 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 | 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 | 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 | 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 | AR2004104930

    Original file (AR2004104930.doc) Auto-classification: Denied

    Her DD Form 214 indicates that she was released from active duty under the provisions of Chapter 6, paragraph 6-3b(1), AR 635-200, by reason of parenthood, with a characterization of service of honorable. The evidence of record shows the applicant was discharged under the provisions of Chapter 6, Paragraph 6-3b(1), AR 635-200, by reason parenthood with a characterization of service of honorable. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case...

  • 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...

  • ARMY | DRB | CY2005 | AR20050001674

    Original file (AR20050001674.doc) Auto-classification: Denied

    DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 23 September 2005 Office of the President Dear: After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. Unless reason for separation requires a specific characterization, a soldier being separated for the convenience of the government will be awarded a character of...