Application Receipt Date: 060911
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's 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: 021025
Discharge Received: Date: 021217
Chapter: 5-8 AR: 635-200
Reason: Parenthood
RE: SPD: JDG
Unit/Location: HHS Company, 303rd Military Intelligence Battalion, 504th Military Intelligence Brigade, Fort Hood, TX 76544
Time Lost: AWOL-30 days from (020518-020617), the applicant returned to military custody on (020618).
Article 15s (Charges/Dates/Punishment): 020715-AWOL from (020518 until 020618), (Field Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 820630
Current ENL Date: 000712 Current ENL Term: 3 Years ?????
Current ENL Service: 02 Yrs, 04 Mos, 05 Days ?????
Total Service: 02 Yrs, 04 Mos, 05 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 35E10 Radio/Comsec Repairer GT: 96 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
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 25 September 2002, 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 provide a proper family care plan in accordance with AR 600-20, after being afforded ample time to do so), with an honorable discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board if she receives an honorable characterization of service, 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 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 applicants military records during the period of enlistment under review and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the misconduct or poor duty performance. Therefore, the reason for discharge and the characterization of service were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 24 October 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 0 No change 5 - 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 discharge was both proper and equitable and voted to deny relief.
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:
CHRISTINE U. MARTINSON DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060013009
Applicant Name: Ms.
______________________________________________________________________
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