Application Receipt Date: 060710
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293.
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: NIF
Discharge Received: Date: 050620
Chapter: 5-8 AR: 635-200
Reason: Parenthood
RE: SPD: LDG
Unit/Location: Headquarters and Headquarters Company, 5th Engineer Battalion, Fort Leonard Wood, MO
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 830330
Current ENL Date: 031010 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 08Mos, 11Days ?????
Total Service: 04 Yrs, 00Mos, 16Days ?????
Previous Discharges: RA-010605-031009/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 92F10 (Petroleum Supply Specialist) GT: 116 EDU: HS Grad Overseas: Korea Combat: Iraq (030307-040215)
Decorations/Awards: AGCM, AAM, NDSM, GWOTEM, GWOTSM, 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:
The specific facts and circumstances leading to the applicants release from active duty are not contained in the available records. However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. His DD Form 214 indicates that he was released from active duty under the provisions of Chapter 5-8, AR 635-200, by reason of parenthood, with a general, under honorable conditions characterization of service. Further, the DD Form 214 shows a Separation Code of LDG (i.e., parenthood), with a reenty eligibility (RE) code of '3.' Evidence of record shows that on 5 June 2005, Orders 165-0359, DA, HQ, US Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, released the applicant from active duty, effective date: 20 June 2005.
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 applicants available military records during the period of enlistment under review, and the issues he submitted, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. The analyst found that the overall length and quality of the applicant's service, to included his combat service, mitigated the discrediting entries in the service record. However, the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 25 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 5 No change 0 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the 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.
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: 29 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060009782
Applicant Name: Mr.
______________________________________________________________________
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