Applicant Name:  ?????

Application Receipt Date: 2008/01/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant submitted a DD Form 149 requesting that the narrative reason for her separation as listed on DD Form 214 be changed from "Parenthood" to Compassionate due to death of Serviceman/Spouse."  She provides several documents to support her request.

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: 070316
Discharge Received: 			   Date: 070430   Chapter: 6-3b(2)    AR: 635-200
Reason: Parenthood	   RE:     SPD: KDG   Unit/Location: USACAC, Fort Leavenworth, KS 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050907    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 07Mos, 24Days ?????
Total Service:  		02 Yrs, 04Mos, 27Days ?????
Previous Discharges: 	USAR 020926-030619/UNC
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 96B10/Intel Analyst   GT: 124   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Overland Park, KS
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 February 2007, the applicant requested a hardship discharge based on the death of her husband.  While in the performance of his duties in Mosul, Iraq he was killed in action on 15 January 2007.  On 5 March 2007, the applicant submitted a statement in which she indicated her desired to be discharged due to her husband’s death and the emotional toll that this event had taken on herself and daughter.  On 16 March 2007, the unit commander recommended approval of the request for discharge under the provisions of Chapter 6, AR 635-200 for Dependency or Hardship.  She was advised of her rights and received counseling on her VA benefits and other entitlements.  On 19 March 2007, the intermediate commander recommended separation from the service under the provisions of AR 635-200, Chapter 6, Paragraph 6-3b(2) for Sole Parent, with an honorable discharge.  The document that would contain the action by the separation authority approving the discharge and directing the issuance of an honorable discharge is not contained in the available record and the analyst presumed Government regularity in the discharge process.  Orders 089--0001, DA HQ, USA Combined Arms Center, Fort Leavenworth, KS, dated 30 March 2007, discharged the applicant with an effective date of 30 April 2007 with an honorable discharge.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Chapter 6, stipulates that a Soldier may be discharged or released because of genuine dependency or hardship.  Paragraph 6-3b(2), Sole parents, stipulates that Soldiers who are sole parents and whose children are under 18 years of age and reside in the same household, may apply for separation under “hardship”.  A sole parent is defined as a parent who is single by reason of never having been married, or who is divorced or legally separated and has been awarded custody of the child, or who is a widow or widower.  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, documents, and the issue she submitted, the analyst found no mitigating factors that would merit change in the applicant's discharge.  The analyst acknowledges the tragic events that led to her request for separation due to the death of her husband and as a result, her inability to continue to soldier due to the emotional toll this took on herself and her daughter.  AR 635-200, Chapter 6, states that a hardship exists when in circumstances not involving death or disability of a member of the Soldier’s immediate family, separation from the Army will materially affect the care or support of the family by alleviating undue and genuine hardship.  The analyst noted that the applicant’s request  was initially submitted as a hardship discharge and since it did not meet the criteria of AR 635-200 for this type of discharge due to the death of her husband, the senior intermediate commander appropriately recommended approval of the separation action under paragraph 6-3b(2) for being a sole parent.  Furthermore, the applicant was discharged under the provisions of Chapter 6, Paragraph 6-3b(2), AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation Because of Parenthood", and the separation code is "KDG."  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 and separation code, entered in block 26 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.  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.  Accordingly, the analyst determined that the reason for discharge was proper and equitable and recommends to the Board that relief be denied.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 November 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 reason for discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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 AR20080001599
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