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): 030124
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:
AAM(2nd Awd)
a. Period entered for: 4 Years GCMDL
b. Entry date: 000128 NDSM
c. Age: 21 Years DOB: 780427 NCOPDR
d. Educational level: HS Grad ASR
e. Aptitude area score: OSR
GT: 89 3. Highest grade
achieved:
f. Length of Service: E5
2 Year(s) 11 Month(s) 26 Day(s)
4. Performance evaluations:
See OMPF (microfiche)
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 980127 000127 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 22 January 2003, DA, HQ, U.S.
Army Field Artillery Center and Fort Sill, Fort Sill, OK, Orders 022-0117
discharged the applicant from the Regular Army, effective 24 January 2003.
The record contains a properly constituted DD Form 214 (Certificate of
Release or Discharge from Active Duty) which was authenticated by the
applicant. 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. The specific facts and
circumstances pertaining to the applicant’s discharge are not contained in
the available records.
b. On 24 January 2003, the applicant was discharged. At the time of
discharge, the applicant had completed 2 years, 11 months, and 26 days of
active military service in the period under review and had a total of 4
years, 11 months and
28 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.
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 nonavailability 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 031208.
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 25 August
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: (1) 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 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 applicant has not submitted an issue of
propriety and the ADRB has not otherwise relied upon an
issue of propriety to change the discharge.
(1) The issue is accepted. The Board carefully examined the
available record during the period of enlistment under review. The Board
noted from the limited record that the applicant served for nearly 5 years,
attained the rank of sergeant and was awarded two Army Achievement Medals,
and the Army Good Conduct Medal. There is no indication of misconduct,
lost time, or reduction in grade. Given the above factors, the Board
determined that the characterization of service was too harsh.
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.
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 .
( ) 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
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
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 27 August 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:
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: 2004100308 INDEX NUMBERS: A9406
Date of Review: 040825 A9218
Character of Service: GD A0100
Date of Discharge: 020124
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. LTC PROCTOR, ESMERALDA G. Mbr X X
2. Mbr X X
3. Mbr X X
4. Mbr X X
5. PO X X
ARMY | DRB | CY2000 | 2000039839
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
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
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
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 | CY2000 | 2000036124
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
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
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 | CY2003 | AR2003090609
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. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report...
ARMY | DRB | CY2005 | AR20050001674
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...
ARMY | DRB | CY2003 | AR2003093614
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. 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 -...