Application Receipt Date: 060802	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached 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: 050810
Discharge Received:     Date: 050908   
Chapter: 5-8    AR: 635-200
Reason: Parenthood
RE:     SPD: JDG
Unit/Location: A Company, 266th Medical Battalion, Logistics, (Forward), APOP AE 09034 

Time Lost: None

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  810521  
Current ENL Date: 030103    Current ENL Term: 3 Years  ?????
Current ENL Service: 02  Yrs, 08 Mos, 06 Days ?????
Total Service:  06 Yrs, 04 Mos, 03 Days ?????
Previous Discharges: USAR-990506-990719/NA
                                       ADT-990720-991203/UNC
                                       USAR-991204-030102/NA
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 91J10 Medical Logistics Spec   GT: NIF   EDU: HS Grad   Overseas: Germany   Combat: Iraq (040117-040307
Decorations/Awards: 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:
      Evidence of record reveals that on 6 October 2005, the unit commander notified the applicant of initiation separation action under the provisions of Chapter 5-8, AR 635-200, by reason of parenthood (her inability to participate in field exercises or perform special duties, non-availability for worldwide assignment or deployment to the needs of the Army due to her parental responsibilities and inability to provide a working family care plan), with an honorable conditions discharge.  She was advised of her rights, consulted with legal counsel and advised of the impact of the discharge action.  The applicant submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waived further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  On 11 August 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 

      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 during the period of enlistment under review, the issue and the documents she submitted, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of her faithful and honorable service.  The evidence in this case supports a conclusion that the applicant’s 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 include her combat service, the company and intermediate commanders recommendation of an honorable characterization of service, mitigated the discrediting entries in her service record.  However, the analyst determined that the reason for discharge was both proper and equitable.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 1 August 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 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 characterization of service was too harsh, and as a result it is inequitable.  The Board found that the length of the applicant’s service; to include her combat service, and the circumstances surrounding the discharge, mitigated the discrediting entries in her service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, 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: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 13 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011534

Applicant Name:  Ms.        
______________________________________________________________________


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