Applicant Name:  ?????

Application Receipt Date: 2008/05/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 	NIF   Date: NIF
Discharge Received: 			   Date: 031002   Chapter: 5-8     AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: B Co, 43rd AG Bn, Fort Leonard Wood, MO 

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:  40
Current ENL Date: 020315    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 18Days ?????
Total Service:  		16 Yrs, 04Mos, 14Days Item 12e on the DD Form 214, total prior inactive service is incorrect, it reads 07 Yrs, 07 Mos, 01 Day, it should read 09 Yrs, 09 Mos, 26 Days.
Previous Discharges: 	RA-801128-831127/HD
                                       USAR-831128-840619/NA
                                       RA-840620-870419/HD
                                       USARCG-870420-900217/NA
                                       USAR-900218-940621/HD
                                            (Break In Service)
                                       ARNG-000828-020314/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 55B20 Ammunition Spec   GT: 105   EDU: GED Cert   Overseas: Germany/Alaska (Prior Service)   Combat: None
Decorations/Awards: AGCM-3, NDSM-2, NCOPDR, ASR, OSR-2 (Prior Service)

V.  Post-Discharge Activity
City, State:  Pompano, FL
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant's record is void of the specific facts and circumstances concerning the events that led to a  discharge from the Army.  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.  The 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  honorable.  Furthermore, the DD Form 214 shows a Separation Code of JDG (i.e., parenthood) , with a reentry eligibility (RE) code of "3."  On 24 September 2003, DA, HQ, U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, MO, Orders 267-0353, discharged the applicant from the Regular Army, effective date:  2 October 2003.   

       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 fullfillment 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 issues he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to a 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 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 5-8, AR 635-200, by reason of parenthood, with a characterization of service of honorable. Further, the DD Form 214 shows a Separation Code of JDG (i.e., parenthood).  Furthermore, the analyst noted the applicant's issue; however, the narrative reason specified by Army Regulations for a discharge under this paragraph is "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.  There is no provision for any other reason to be entered under this regulation.  Finally, the applicant's issue reference his retirement and retirement pay does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  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: 13 March 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 narrative reason for discharge was both proper and equitable and voted not to change it.  


        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 0
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 AR20080008417
______________________________________________________________________________


Page 1 of 3 pages