Applicant Name:  ?????

Application Receipt Date: 2009/10/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents 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: Undated
Discharge Received: 			   Date: 021219   Chapter: 5-8      AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: E Btry, 3-43 ADA Bde, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 021008, at or near Fort Bliss, TX, on or about 2 October 2002, without authority the applicant failed to go at the time prescribed to her appointed place of duty, to wit: Post Partum PT; reduction to Private (E-2), forfeiture of $304.00 of pay for one month, extra duty for 14 days (CG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 010302    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 09Mos, 18Days ?????
Total Service:  		01 Yrs, 09Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 14T10/Patriot Missile Crewmember   GT: NIF   EDU: HS GRAD   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed 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, with a general, under honorable conditions discharge.  The record shows that on 2 December 2002, the applicant indicated that she was unable to validate her family care plan.  She was subsequently advised that her action could 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 not submit a statement in her own behalf.  On 10 December 2002, the separation authority 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 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, 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 applicant’s parental obligations interfered with the fulfillment of military responsibilities and she was properly informed as to the specific factors in her service record 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.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command. 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: 6 November 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 she 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 partial 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.  
        
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090003909
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