Applicant Name:  ?????

Application Receipt Date: 2008/05/08/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "My initial enlistment was 3 years.  After passing SFAS I extended my enlistment for approx 46 months to meet the 18D school requirements.  I opted to decline academic recycle after making it about halfway through the course and was subsequently reassigned to the 101st Airborne Division upon the beginning of the Iraq campaign.  Upon returning from Iraq I had a complete ACL reconstruction and before I could recover completely, my relationship ended with my fiancé of 7 years, who was the only caregiver I had for my daughter while I deployed and I had to initiate a parenthood hardship discharge.  In the process of that, a few months before I was to be discharged, I found myself in a situation in which I had to leave a civilian disturbance one night instead of becoming physically involved with some civilians.  I was pulled over, not given a field breath test, passed a field sobriety test and refused to be taken to the hospital to give a blood sample.  Subsequently I was originally charged with DUI, evasion, and a domestic; which, I believe, was the basis of my downgraded discharge.  After I was discharged I continued to contest the situation in court and was successful in proving myself innocent of everything except the implied consent charge, which there was no legal recourse because I had signed a refusal to be taken to the hospital.  I had an impeccable record up until that point, with expeditionary service to Bosnia, volunteering for Special Forces and coming back to participate in the Iraq war.  I also have had excellent NCOER’s to back up my performance.  Iserved honorably and feel that my record should indicate such.  The long and short of the situation I was in is this:  I have been a lifetime martial artist, and taught for some time in the 101st.  I found myself in a situation where I could either stay and confront a number of civilians with the chance of grievous injury to them and/or myself, or I could remove myself from the situation and avoid confrontation entirely, but in the process of leaving the scene encountered an overzealous local officer who wouldn’t settle for me explaining the situation and passing a field sobriety test, which was proven in court.  Now I am a full time student working on building a civilian career and this discharge is continuing to haunt me."

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: 	NIF  Date: NIF
Discharge Received: 			   Date: 051014   Chapter: 5-8    AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: A Co, 81st BTB, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 981228    Current ENL Term: 3 Years  extended for 46 months on (010628)
The DD Form 214 remarks section shows extension of service was at the request and for the convenience of the Government.
Current ENL Service: 	06 Yrs, 09Mos, 17Days ?????
Total Service:  		13 Yrs, 01Mos, 21Days ?????
Previous Discharges: 	ARNG-920824-920921/NA
                                       ADT-920922-930114/UNC
                                       ARNG-930115-950823/HD
                                       USARCG-950824-981227/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 21B20 Combat Engineer   GT: 125   EDU: GED Cert   Overseas: Bosnia/Southwest Asia   Combat: Iraq (030401-040103
Decorations/Awards: ARCOM, AAM, AGCM, NDSM-2, AFEM, ICM, GWOTSM, NCOPDR, ASR, OSR, NM-Bos, OSB

V.  Post-Discharge Activity
City, State:  Petersburg, IN
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant’s 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 not 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 characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JDG (i.e., parenthood), with a reentry eligibility (RE) code of "3."  On 9 August 2005, DA, HQ, 101st Airborne Division (Air Assault), Fort Campbell, KY, Orders 221-0711, discharged the applicant from the Regular Army, effective date:  14 October 2005.

       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 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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not 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.   Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, 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.  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 February 2009         Location: Washington, DC

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 1    No change 4
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007818
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