Applicant Name:  ?????

Application Receipt Date: 2008/01/03	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070412
Discharge Received: 			   Date: 070430   Chapter: 5       AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: 108th QM CO, Ft Lee, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070205, fail to go at the time prescribed to your appointed place of duty to wit: 1300 hrs Field Training Exercise Movement and without authority and with intent to avoid 16th/111th CLFX Fort Pickett field exercise, absent yourself from your place of duty (061017), reduction to E-4, forfeiture of $1031 pay per month for 2 months and 45 days restriction suspended, to be automatically remitted if not vacated on or before 070804, extra duty 14 days (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 010815    Current ENL Term: 5 Years  ?????
Current ENL Service: 	5 Yrs, 8Mos, 16Days ?????
Total Service:  		14 Yrs, 7Mos, 2Days ?????
Previous Discharges: 	RA 920929-950531/HD
                                       RA 950601-970702/HD
                                       RA 970703-990728/HD
                                       RA 990729-010814/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92G Food Service Operation   GT: 104   EDU: HS Grad   Overseas: Germany, Korea, Hawaii   Combat: None
Decorations/Awards: ARCOMx2, AAMx5, AGCMx4, NDSM, GWTSM, KDSM, HSM, OSR, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The Applicant submitted an enlistment contract in the USAR which was signed and dated on 15 May 2007 for 6 years.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows on that 12 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-8, AR 635-200, by reason of involuntary separation due to parenthood with an honorable discharge.  She was advised of her rights.  The applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, 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 separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions discharge .

       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 applicant’s military records, and the independent evidence she submitted, the analyst recommends to the Board 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, as well as her misconduct.  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.  While the applicant's misconduct is not condoned, the analyst found that the overall length, and quality of the applicant's service and the special circumstances surrounding her family care plan and it appears that she is trying to enlist in the USAR (contract submitted is dated 20070515) mitigated the discrediting entries in her service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
       
       Furthermore, the analyst noted the additional issue outlined on the applicant's DD Form 293, however, that issue does not fall within the purview of The Army Discharge Review Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 31 October 2008         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 overall length and quality of the applicant's service to include the special circumstances beyond her control surrounding her discharge mitigated the discrediting entry 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.  The Board determined that the reason for discharge was proper and equitable and voted not to change it. 

 Furthermore, the Board noted the additional issue outlined on the applicant's DD Form 293, however, that issue does not fall within the purview of The Army Discharge Review Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. 

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         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 - CASE REPORT AND DIRECTIVE

Case Number AR20080000253
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