Applicant Name: ?????
Application Receipt Date: 2008/12/04 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 951102 Chapter: 6-3A AR: 635-200
Reason: Hardship RE: SPD: KDB Unit/Location: C Battery, 2/82nd FA, Ft Hood, TX
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: 35
Current ENL Date: 911126 Current ENL Term: 4 Years ?????
Current ENL Service: 3 Yrs, 11Mos, 6Days ?????
Total Service: 18 Yrs, 00Mos, 14Days ?????
Previous Discharges: RA 771019-801008/HD
RA 801009-860724/HD
RA 860725-911125/HD
Highest Grade: E6 Performance Ratings Available: Yes No
MOS: 331U30/Signal Support Systems GT: NIF EDU: NIF Overseas: SWA, Somalia Combat: None
Decorations/Awards: ARCOM, AAM x2, AGCM x5, NDSM, SASM x/BSS ASR, OSR x2, KLM
V. Post-Discharge Activity
City, State: Rector, AR
Post Service Accomplishments: None submitted by the Applicant.
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 authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 6, Paragraph 6-3A, AR 635-200, for hardship, with a honorable discharge. Furthermore, the DD Form 214 shows a Separation Code of KDB (i.e., hardship), with a reentry eligibility (RE) code of 3.
b. Legal Basis for Separation:
Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 6-3a provides that a soldier who has a hardship of dependency exists when death or disability of a soldier's immediate family causes that member to rely upon the soldier for principal care or support.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214. The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records; however, the applicants record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. Furthermore, the analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 6, Paragraph 6-3a, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Hardship Dependency", and the separation code is "KDB." 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. An application for that Board is enclosed. In view of the foregoing, the analyst determined that the characterization and narrative reason for discharge were proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 16 September 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that both the characterization and narrative reason were 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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080018937
______________________________________________________________________________
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