Application Receipt Date: 060608	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's attached DD Form 293 and supporting documents.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date:  031223
Discharge Received:     Date: 050817   
Chapter: 5-8    AR: 635-200
Reason: Parenthood
RE:     SPD: JDG
Unit/Location: Headquarters Detachment Company, 4th Forward Support Battalion (Rear) (Provisional), Division Supprt Command (Rear) (Provisional), 4th Infantry Division (Mechanized) (Rear) (Provisional), Fort Hood, TX 

Time Lost: Absent without leave for a total of 4 days (030314 to 030317), applicant surrendered to military authority.  Applicant's DD Form 214 item 29 makes reference to time lost during the period of (050612-050707), however the record is void of an documentation supporting those dates. 

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  621023  
Current ENL Date: 000426    Current ENL Term: Indef Years  ?????
Current ENL Service: 05 Yrs, 03Mos, 22Days ?????
Total Service:  22 Yrs, 07Mos, 12Days (The applicant's DD Form 214 incorrectly shows the total service as 22 yrs, 04 mos, and 13 days)
Previous Discharges: USAR-830106-830314/NA
                                      RA-830315-830629/HD
                                      USARCG-830630-860128/NA
                                      RA-860129-881018/HD
                                      RA-881019-920330/HD
                                      RA-920331-941129/HD
                                      RA-941130-960829/HD
                                      RA-960830-980531/HD
                                      RA-980601-000425/HD
Highest Grade: E7
Performance Ratings Available: Yes    No 
MOS: 42A40 (Human Resources Specialist)   GT: 110   EDU: 2 yrs Coll   Overseas: Korea   Combat: None
Decorations/Awards: MSM, ARCOM (2d Award), AAM (2d Award), GWOTSM, AGCM (5th Award), NDSM (2d Award), KDSM, NCOPDR, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 23 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-8, AR 635-200, by reason of involuntary separation due to parenthood (in addition to having been AWOL from 14-17 March 2003, failure to be at her appointed place of duty on two occasions and for making a false statement regarding her marital status) with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service of honorable, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 12 January 2004, the senior intermediate commander reviewed the proposed discharge action and disapproved the applicant's conditional waiver of the administrative separation board.  On 20 January 2004, the applicant was notified to appear before an administrative separation board and advised of her rights.  On 17 February 2004, the administrative separation board met; applicant appeared with counsel.  The Administrative Separation Board recommended that the applicant be discharged with a characterization of service of honorable.  On 8 March 2004, the senior intermediate commander again reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  On 8 April 2004, the Administrative Separation Board's recommendation was submitted to the United States Human Resources Command, Assistant Secretary of the Army (Manpower and Reserve Affairs) for their approval.  On 8 March 2005, the Department of Army Office of Assistant Secretary, Manpower and Reserve Affairs, approved the involuntary separation of the applicant and directed that the applicant be discharged under the provision of AR 635-200, Chapter 5, paragraph 5-3, for parenthood, with the issuance of an Honorable discharge, and a separation program designator code of JDG (i.e., parenthood), and reentry eligibility (RE) code of "4."

      b.  Legal Basis for Separation:  
      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 fullfillment 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 world 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 characterization of service of honorable, under honorable conditions or an uncharacterized description of service if in entry level status.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, the issue and the independent evidence she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason.  The evidence of record shows that the applicant was separated under the provisions of Chapter 5-8, AR 635-200, by reason of parenthood with an honorable discharge because she was unable to provide a valid family care plan for her dependent children.  In connection with such a discharge, the applicant’s chain of command determined that the applicant’s parental obligations interfered with the fulfillment of her military responsibilities and she was unavailable for world-wide deployment.  Therefore, she was properly assigned a separation code of "JDG". Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "4."  An RE code of "4" can not be waived and the applicant is no longer eligible for reenlistment.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined that the narrative reason for separation was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 June 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it.





















Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008220

Applicant Name:  Ms.       
______________________________________________________________________


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