Applicant Name: ?????
Application Receipt Date: 2008/12/05 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: Date: 070926
Discharge Received: Date: 071012 Chapter: 5-8 AR: 635-200
Reason: Parenthood RE: SPD: JDG Unit/Location: A Co, 626th Bde Sup Bn, Ft. Campbell, KY
Time Lost: Listed on DD Form 214; 3 days (050617-050619) no documents contained in the file.
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: 21
Current ENL Date: 041228 Current ENL Term: 3 Years 20 weeks
Current ENL Service: 2 Yrs, 9Mos, 12Days ?????
Total Service: 2 Yrs, 9Mos, 12Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 88M/Motor Transport Op GT: 89 EDU: HS Trans Overseas: SWA Combat: Iraq (050921-060817)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, ASR, OSR
V. Post-Discharge Activity
City, State: Carrollton, GA
Post Service Accomplishments: Nothing provided by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that 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 and failing a urinalysis on or about 29 August 2007 for methamphetamines, with an general, under honorable conditions discharge. The record shows that on 28 September 2007, the applicant indicated that she was unable to validate her family care plan and that she understood that it would result in her separation from the Army. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in her own behalf. On 2 October 2007, 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 the applicants military records, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant was discharged for her inability to perform prescribed duties due to parenthood under the provisions of Chapter 5, AR 635-200. This involuntary separation was appropriate since the command determined that the applicants parental obligations interfered with the fulfillment of military responsibilities and she was properly informed as to the specific factors in her service record, failing a urinalysis on or about 29 August 2007 for methamphetamines, that would warrant such a characterization. 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. Accordingly, the analyst determined that the reason for discharge and characterization of service were both proper and equitable and recommends to the Board that relief be denied.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 090916 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 the discharge was 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090000451
______________________________________________________________________________
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