Applicant Name: ?????
Application Receipt Date: 081020 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 and supporting documentation submitted by the Applicant. Applicant states, "I think I served Honorably for over 4 yrs that I gave the army. I'm trying to go to college to be able to support my family and have a better life. I beg of the board to grant me this."
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: NIF
Discharge Received: Date: 030722 Chapter: 5-8 AR: 635-200
Reason: Parenthood RE: SPD: JDG Unit/Location: C Co., 2/25th Avn Bn, Schofield Barracks, HI
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 990318 Current ENL Term: 06 Years ?????
Current ENL Service: 04 Yrs, 04 Mos, 05 Days ?????
Total Service: 04 Yrs, 04 Mos, 05 Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 67T UH-60 Helicopter Repr GT: 111 EDU: HS Grad Overseas: Hawaii Combat: None
Decorations/Awards: AGCM, NDSM, ASR, OSR
V. Post-Discharge Activity
City, State: Roanoke, TX
Post Service Accomplishments: See Applicant's DD Form 293 and supporting documentation submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances pertaining to the Applicants discharge are not contained in the available records. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), signed by the Applicant, which indicates he was discharged under the provisions of Chapter 5-8, AR 635-200 by reason of parenthood, with a general, under honorable conditions discharge.
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 the Applicants military records, and issues and documents submitted with the application, the analyst determined that the Applicants available record of service during the period of enlistment under review is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the Applicants 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. The 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 Applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would sufficiently 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 Boards consideration. Therefore, the analyst determined 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: 5 August 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 Applicants record of service during the period of enlistment under review and considering the analysts 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 2 No change 3
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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080016431
______________________________________________________________________________
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