Applicant Name:

Application Receipt Date: 070725	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 041005   
Chapter: 5-8    AR: 635-200
Reason: Parenthood
RE:     SPD: JDG
Unit/Location: US Central Command, Fort Dix, NJ 

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
Year/Month:  1975/02  
HOR City, State: Henderson, WV
Current ENL Date: 031207/OAD    Current ENL Term: 730 Days  ?????
Current ENL Service: 00 Yrs, 09Mos, 29Days ?????
Total Service:  01 Yrs, 11Mos, 05Days ?????
Previous Discharges: ARNG-021031-030126/NA
                                      ADT-030127-030627/HD
                                      ARNG-030628-031206/NA
                                      (Concurrent Service)
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 63J10/QM & Chem Equip Rep   GT: 100   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (040218-040726)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, AFRM (w/M Device), ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: Records show that the applicant enlisted in the Army National Guard (051213) for a period of 4 years, after receiving a parenthood waiver.  The applicant reenlisted for another 6 year (071128).

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant’s 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 applicant’s signature.  Her DD Form 214 indicates that she was discharged from active duty under the provisions of Paragraph 5-8, AR 635-200, by reason of parenthood, with an honorable characterization of service.  Further, the DD Form 214 shows a Separation Code of JDG (i.e., parenthood), with a reentry eligibility (RE) code of "3."

      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 available military records during the period of enlistment under review and the issue she submitted, the analyst recommends that relief be denied in this case.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from active duty.  However, the record does contain a properly constituted DD Form 214, which was authenticated by the applicant’s signature.  This document identifies the reason and characterization of the service and the analyst presumed Government Regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Paragraph 5-8, AR 635-200, by reason of parenthood, with an honorable characterization of service, a Separation Code of JDG (i.e., parenthood), and a reentry eligibility (RE) code of "3."  Barring evidence to the contrary, 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.  Furthermore, the analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of paragraph 5-8, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Involuntary Separation due to Parenthood", and the separation code is "JDG."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and separation authority entered in block 25, of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends that the Board deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 July 2008              
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 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 narrative reason for discharge was both proper and equitable, and voted to deny relief.























								        
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: 31 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010411
______________________________________________________________________


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