Applicant Name:  ?????

Application Receipt Date: 2008/04/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting 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: 080227
Discharge Received: 			   Date: 080402   Chapter: 5-8    AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: Rear Det, 525th MI Bde, Fort Bragg, NC 

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:  17
Current ENL Date: 021031    Current ENL Term: 6 Years  ?????
Current ENL Service: 	05 Yrs, 05Mos, 02Days ?????
Total Service:  		05 Yrs, 05Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 35M30/HUMINT Collection NCO   GT: 109   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, AGCM, GWOTSM, NCOPDR, ASR

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 October 2007 and again on 15 November 2007, the applicant was appropriately counseled about the requirement to provide a family care plan and given 30 days each time to complete it.  On 27 February 2008, the applicant indicated that she was unable to validate her family care plan and that she understood that it would result in her separation from the Army.  Based on the above, 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, with an honorable discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested and administrative separation board and submitted a statement in her own behalf.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  On 11 March 2008, the separation authority determined that the applicant was not entitled to an administrative separation board and directed that the applicant be discharged with an honorable discharge.  She was not transferred to the Individual Ready Reserve.  

       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 issue and documents she submitted as to the propriety of her discharge, the analyst found no mitigating factors that would merit any change in the applicant's reason for her discharge, reentry (RE-3) or separation (SPD) codes.  The applicant was discharged for her inability to perform prescribed duties due to parenthood under the provisions of Chapter 5, AR 635-200.  This involuntary separation was appropriate since the command determined that the applicant’s parental obligations interfered with the fulfillment of military responsibilities.  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.  The applicant states that her time in the Delayed Entry Program (DEP) should have counted towards her total time in the Army which would’ve been over 6 years, thus granting her the opportunity to present her case before an Administrative Separation Board.  However, time in the DEP is not considered “creditable service” as defined in the DoD Financial Management Regulation, DoD 7000.14-R.  The separation authority properly researched her issue, and notified her of his decision.  Furthermore,  the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 5, Paragraph 5-8, 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 "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 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.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, the applicant should contact the local recruiter to determine her eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 February 2009         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 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
X.  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 - CASE REPORT AND DIRECTIVE

Case Number AR20080006794
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