Search Decisions

Decision Text

ARMY | DRB | CY2004 | AR2004100308
Original file (AR2004100308.doc) 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):  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                 






Similar Decisions

  • 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 | 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 | 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 | 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 | 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 | 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 | 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 | CY2003 | AR2003090609

    Original file (AR2003090609.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. 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

    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...

  • ARMY | DRB | CY2003 | AR2003093614

    Original file (AR2003093614.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. 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 -...