Applicant Name: ?????
Application Receipt Date: 070803
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.
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: 061006
Chapter: 5 AR: 635-200
Reason: Parenthood
RE: SPD: JDG
Unit/Location: 1-32 IN LID, Fort Drum, NY 13602
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8305
HOR City, State: Guntown, MS
Current ENL Date: 050623 Current ENL Term: 3 Years 16 Weeks
Current ENL Service: 01 Yrs, 03Mos, 14 Days ?????
Total Service: 01 Yrs, 03 Mos, 14 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: 99 EDU: GED Cert Overseas: Southwest Asia Combat: NIF
Decorations/Awards: NDSM, ASR, CIB
V. Post-Discharge Activity
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances pertaining to the applicants discharge from the Army 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. His DD Form 214 indicates that he was involuntarily discharged under the provisions of Chapter 5-8, AR 635-200 by reason of parenthood, with a general, under honorable conditions characterization of service. The evidence of record shows that on 21 September 2006, DA, HQ, 10th Mountain Division (Light Infantry) and Fort Frum, Fort Drum, NY, Orders 264-1004, discharged the applicant from the Regular Army, effective date: 6 October 2006.
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 fulfillment 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 non-availability for worldwide assignment or deployment according to the needs of the Army. Unless the reason for separation requires a specific characterization, a soldier being separated for the convenience of the government will be awarded a character 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 documents that he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicants discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicants 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. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-8 by reason of parenthood, with a characterization of service of general, under honorable conditions. 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. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to 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 2 No change 3 - 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.
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: 28 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070010708
______________________________________________________________________
Page 1 of 5 pages
ARMY | DRB | CY2009 | AR20090013553
The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. In view of the foregoing, and based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that the reason for discharge and the characterization of service to include the reentry eligibility...
ARMY | DRB | CY2006 | AR20060017849
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct-pattern of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct). That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct-pattern of misconduct, with...
ARMY | DRB | CY2007 | AR20070011411
Applicant Name: ????? Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct.) That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of misconduct-pattern of misconduct, with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2006 | AR20060014108
Current ENL Service: 04 Yrs, 00 Mos, 00 Days Item 12e on DD Form 214, total prior inactive service is incorrect, should read 02 Yrs, 01 Mos, 4 Days. On 28 August 1992, the Ad Hoc Review Board recommended that the applicants resignation for the good of the service be accepted with issuance of an under other than honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the term of service under...
ARMY | DRB | CY2006 | AR20060012263
His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. 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...
ARMY | DRB | CY2008 | AR20080011550
Facts, Circumstances, and Legal Basis for Separation a. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, with a characterization of service of general, under honorable conditions. However, in review of the applicants available service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.
ARMY | DRB | CY2006 | AR20060006803
Facts, Circumstances, and Legal Basis for Separation a. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070308 Lieutenant Colonel,...
ARMY | DRB | CY2008 | AR20080014598
Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD -...
ARMY | DRB | CY2006 | AR20060008231
Current ENL Service: 01 Yrs, 03Mos, 26Days ????? Her DD Form 214 indicates that she was released from active duty under the provisions of Chapter 5-8, AR 635-200, by reason of parenthood, with an honorable characterization of service. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 4 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE...
ARMY | DRB | CY2006 | AR20060008946
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct, with a characterization of service of general, under honorable conditions. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct-pattern of misconduct, with a characterization of service of general, under honorable conditions. Certification Signature and...