Application Receipt Date: 061019	

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: 060210
Discharge Received:     Date: 060607   
Chapter: 5-8    AR: 635-200
Reason: Parenthood
RE:     SPD: JDG
Unit/Location: 16TH Military Police Detachment, 76th Military Police Battalion, Fort Bliss, TX  79916 

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:  761007  
Current ENL Date: 030206    Current ENL Term: 04 Years       
Current ENL Service: 03 Yrs, 01Mos, 02Days      
Total Service:  03 Yrs, 01Mos, 02Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 42L10 (Administrative Specialist)   GT: 99   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 10 February 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-8, AR 635-200, by reason of parenthood (failure to provide a valid family care plan), with an  honorable discharge.  She was advised of her rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  On 10 February 2006, the unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 21 February 2006, the unit commander in a memorandum for record recommended separation of the applicant from the Army under Chapter 5-8, by reason of parenthood, (refusal to initiate a FCP (Family Care Plan), consistently not attending physical fitness training as outlined by the Detachment training schedule, unable to complete scheduled work days due to conflicting responsibilities, thus requiring her to be released by 1430 daily, and missing the M203 qualification range because of a conflict with her parental responsibilities), with a general, under honorable conditions discharge.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 27 February 2006, 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 for the period of enlistment under review, documents, and the issue she submitted, the analyst determined that the characterization of service was improper.  Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in her service record that warrants such a characterization, using the notification procedure.  In view of the aforementioned, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable.  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: 15 November 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 improper.  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: 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: 
CHRISTINE U. MARTINSON			DATE: 26 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014943
Applicant Name:  Ms.       
______________________________________________________________________

Page 1 of 5 pages