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):  960708

3.  Authority for separation:

      a.  Regulation:  Chapter 5-8, 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:
                                           ARCOM        KLM
    a.  Period entered for:  4 Yrs. (12 mos. ext)  AAM(3rd Awd)
    b.  Entry date:  911210         (950509)       GCMDL(2nd Awd)
    c.  Age:  23 Years   DOB:  680414              NDSM


    d.  Educational level:  HS Grad                SWASMw/2BSS


    e.  Aptitude area score:                       ASR
          GT:  101                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          4 Year(s)  6 Month(s)  28 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:  Total time in service calculated from applicant’s
                 DD Form 214.


                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      USAR  870221    870823 NA
      ADT        870824    871219       Uncharacterized
      USAR       871229    890313       NA
      RA         890314    911209       Honorable



                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 20 March 1996, the applicant
notified her unit commander that due to her mother’s illness and her
financial situation she was unable to provide a working family care plan as
required by regulation.  On 15 April 1996, the unit commander notified the
applicant of initiation of separation action under the provisions of
Chapter 5, Paragraph 5-8, AR 635-200, by reason of parenthood, with an
honorable discharge.  She was advised of her rights.  The applicant
consulted with legal counsel, was advised of the impact of the discharge
action, waived her right to an administrative separation board, and
submitted a statement in her own behalf.  The intermediate commander(s)
reviewed the proposed discharge action and recommended approval of the
separation action with an honorable discharge.  After reviewing the unit
commander’s report and the applicant’s waiver of appearance at an
administrative separation board, the separation authority waived further
rehabilitative efforts and directed that the applicant be discharged with a
characterization of service of honorable.

      b.  On 8 July 1996, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years, 6 months, and 28 days of
active military service in the period under review and had a total of 9
years, 10 months and
15 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 030804, with three (3) 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, D.C. on 7 April
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:
          (   )  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.

        (1-5)  The issues are rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 The evidence of record shows that the applicant indicated that she could
not provide a working care plan for her child and that she was aware that
she would be involuntarily discharged under the 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       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

                                    NONE

                          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 Recorder

EXHIBITS:
A - Application for review of discharge                  C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2003094086                    INDEX NUMBERS:  A9455
Date of Review:  040407                                   A9307
Character of Service:  HD                                 A0113
Date of Discharge:  960708
Authority:  AR 635-200 C5
Reason:  A1500
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