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):  030205

3.  Authority for separation:

      a.  Regulation:  Chapter 5, Paragraph 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      ASR
    a.  Period entered for:  6 Years               AAM
    b.  Entry date:  991124                        GCMDL
    c.  Age:  24 Years   DOB:  741125              NDSM
    d.  Educational level:  GED                    AFEM
    e.  Aptitude area score:
          GT:  108                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          3 Years  2 Months  12 Days

                                               4.  Performance evaluations:

                                                   See OMPF (fiche)

                         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    970725     991123     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 22 January 2003, 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.  The reason for the proposed
action was he failed to provide and maintain an adequate Family Care Plan.
He was advised of his rights.  On 22 January 2003, the applicant waived his
right to consult with legal counsel, was advised of the impact of the
discharge action, and submitted a statement in his own behalf.  The unit
commander subsequently recommended separation from the service and waiver
of further rehabilitative efforts.  The separation authority waived further
rehabilitative efforts and directed that the applicant be discharged with a
characterization of service of honorable.

      b.  On 5 February 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years, 2 months, and 12 days of
active military service in the period under review.  He had a total of 5
years, 6 months, and 11 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.
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 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 040607, with five (5) enclosures.
      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 9 February
2005.

      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 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
applicant’s record of service during the period of enlistment under review.
 The evidence of record does not support the applicant’s contentions and
the applicant has provided no independent corroborating evidence in support
of his contentions.  Further, at the time of discharge, the applicant was
assigned a reentry eligibility (RE) code of “3.”  An RE-3 simply indicates
that the applicant was discharge with a disqualifying condition that can be
waived.  If the applicant desires to reenlist, he should contact the local
recruiter to determine his 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.  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 inability to provide an
adequate family care plan.  In fact, the applicant provided a statement in
his own behalf in which he stated, in effect, that his wife suffered from
herniated disc and degenerative disc in her back; that she had been
directed by her doctor not to do any heavy lifting; that the heavy lifting
applied to their one year old child; that their was no one on either side
of the family that could assist his wife; and that he was unable to
provide, then or ever, a family care plan.  The Board was satisfied that
all requirements of law and regulations were met and the rights of the
applicant were fully protected throughout the separation process.  The
Board, being convinced that the reason for the discharge and the
characterization of service were both proper and equitable, voted to deny
relief.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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
                  1901 South Bell Street, 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:


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:  20040003007                   INDEX NUMBERS:  A0113
Date of Review:  050209                                   A9500
Character of Service:  HD
Date of Discharge:  030205
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