Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he received a general discharge for parenthood when most people receive an honorable discharge for this reason

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: 071221
Discharge Received: 			   Date: 080129   Chapter: 5-8    AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: A Co, 703d Bde Support Bn, Fort Stewart, GA 

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:  21
Current ENL Date: 060929    Current ENL Term: 2 Years  ?????
Current ENL Service: 	01 Yrs, 04Mos, 01Days ?????
Total Service:  		05 Yrs, 09Mos, 11Days ?????
Previous Discharges: 	RA 020418-040519/HD
                                       RA 040520-060928
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Spc   GT: 89   EDU: HS Grad   Overseas: SWA   Combat: Iraq (050202-060115), as described in ARCOM award.
Decorations/Awards: ARCOM, PUC, AGCM, NDSM, GWOTSM, ASR, CAB

V.  Post-Discharge Activity
City, State:  Clarkston, GA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-8, AR 635-200, by reason of parenthood, for failure to maintain an adequate family care plan, with an honorable discharge.  The record shows that the applicant indicated that he was unable to validate his family care plan and that he understood that it would result in his separation from the Army.  He was advised of his rights.  On 19 December 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 15 January 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be released from active duty with a characterization of service of general, under honorable conditions.

       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, general under honorable conditions or an uncharacterized description of service if in entry-level status.  No soldier will be awarded a characterization of service under honorable conditions under this chapter unless the soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records for the period of enlistment under review and the issue, submitted with the application, the analyst determined that the characterization of service was improper.  Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in his service record that warrants such a characterization, using the notification procedure.  The analyst determined that the applicant was not properly notified as to these factors.  Furthermore, the analyst noted that the applicant's DD Form 214, block 4a, rank, as  "PV1", and the record does not contain any UCMJ documentation  that would justify a reduction in grade prior to his discharge from the Army.  In view of the aforementioned, the analyst recommends to the Board to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable and a restoration of grade to E-4/SPC as this was a clerical error.  However, the analyst determined that the reason for discharge was both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 June 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 applicant was not properly notified as to the reasons why he would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200. In view of the foregoing, the Board determined that the characterization of service is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  Furthermore, the Board determined that a clerical error was made in block 4a, grade or rank, and directs that it be corrected to read E-4/SPC.  






        
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
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: E-4/SPC
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014067
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