Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003094234
Original file (2003094234.rtf) Auto-classification: Denied

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): 030714

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 (4)
 a. Period entered for: 3 Years (Ext 33 mos) GCMDL
b. Entry date: 990527 (010326) NDSM
c. Age: 26 Years DOB: 720720 ASR
d. Educational level: 13 Years OSR
e. Aptitude area score:
          GT: 96 3. Highest grade achieved:
f. Length of Service: E4
4 Years 1 Month 18 Days

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       970516   990526   Honorable



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 on 15 March 2003 the applicant was formally counseled and given 30 days to initiate a family care plan in accordance with AR 600-20. That counseling statement delineated the consequences of failing to provide an adequate family care plan. On 30 May 2003, a member of the Staff Judge Advocate reviewed the applicant’s administrative separation packet under the provisions of Chapter 5, Paragraph 5-8, AR 635-200, by reason of parenthood and found the packet legally sufficient. On 30 May 2003, the separation authority approved commands recommendation for the applicant’s involuntary separation due to parenthood with a characterization of service of honorable. O n 20 June 2003 , DA, Heidelberg Transition Center, APO AE 09102, Orders 161-02, discharged the applicant from the Regular Army, effective date 14 July 2003. 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 honorable, a separation code of JDG (i.e., Parenthood), and an RE code of 3.

         b. On 14 July 2003, the applicant was discharged. At the time of her discharge, the applicant had completed 4 years, 1 month, and 18 days of active military service in the period under review and had a total of 6 years, 1 month, and 29 days of total 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.


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 030805, with one (1) enclosure.
         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: Washington, DC on 8 March 2004 .

         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: Several OMPF 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:
         ( )     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 available records for the period of enlistment under review and heard her testimony. All the facts and circumstances pertaining to the applicant’s discharge process are not in the available records. However, the available evidence of record shows that on 15 March 2003 the applicant was formally counseled and given 30 days to initiate a family care plan in accordance with AR 600-20. That counseling statement delineated the consequences of failing to provide an adequate family care plan. On 30 May 2003, a member of the Staff Judge Advocate reviewed the applicant’s administrative separation packet recommending her involuntary separation under the provisions of Chapter 5, Paragraph 5-8, AR 635-200, by reason of parenthood and found the packet legally sufficient. On 30 May 2003, the separation authority approved command’s recommendation for the applicant’s involuntary separation due to parenthood with a characterization of service of honorable. The applicant’s 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. 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 determined that the applicant’s parental obligations interfered with the fulfillment of her military responsibilities. Barring independent corroborating evidence to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, an RE code of “3” indicates that the applicant requires a waiver to reenlist. If the disqualifying condition no longer exists and the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes. Accordingly, the Board determined that the reason for discharge and characterization of service were both proper and equitable and voted to deny relief.

 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                                  .
         ( )      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 2 3
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       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
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: 2003094234 INDEX NUMBERS: A0143
Date of Review: 040308 A0113
Character of Service: HD A9445
Date of Discharge: 030714
Authority: AR 635-200 C5
Reason: A1500
Results of Board Action/
Vote/Affirmation: NC 3-2 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 | CY2004 | AR20040000659

    Original file (AR20040000659.doc) Auto-classification: Approved

    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. The Board determined that the reason for discharge was both proper and equitable, and voted not to change it. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S. Army Chief, Secretary...

  • 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 | AR20040003007

    Original file (AR20040003007.doc) Auto-classification: Denied

    Unless reason for separation requires a specific characterization, a soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry-level status. The evidence of record shows that the applicant’s unit commander properly initiated the applicant’s separation action under the provisions of Chapter 5, AR 635- 200, by reason of parenthood due to the applicant’s...

  • ARMY | DRB | CY2003 | 2003083846

    Original file (2003083846.rtf) Auto-classification: Approved

    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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 13 June 2003 The Army Discharge Review Board, established under the...

  • 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 | 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 | CY2003 | 2003083592

    Original file (2003083592.rtf) Auto-classification: Approved

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5-8, AR 635-200 by reason of parenthood, with a characterization of service of general, under honorable conditions. On 19 April 2002, the applicant was discharged. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2004 | AR2004100308

    Original file (AR2004100308.doc) Auto-classification: Approved

    Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 980127 000127 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5-8, AR 635-200 by reason of parenthood, with a general, under honorable conditions discharge. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army...

  • 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 | 2003088851

    Original file (2003088851.rtf) Auto-classification: Denied

    Remarks: NONE SECTION B - Prior Service Data NONEOther discharge(s): ServiceFromToType Discharge PART IV - PREHEARING REVIEWSECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. 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:SPURGEON A. MOORE Colonel, U.S. Army President, Army...