Applicant Name:  ?????

Application Receipt Date: 2009/05/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD 149 and supporting documents submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 040422   Chapter: 5-8      AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: HSC, 603d ASB, Hunter Army Airfield, 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:  32
Current ENL Date: 010719    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 09Mos, 04Days ?????
Total Service:  		2 Yrs, 09Mos, 04Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Specialist   GT: 111   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR

V.  Post-Discharge Activity
City, State:  Morrow, GA
Post Service Accomplishments: None submitted 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 provide and maintain an adequate family care plan, with an general, under honorable conditions discharge.  The record shows that on 20 November 2003, 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 submitted a statement in her own behalf.  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, and documents 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/her 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.  Accordingly, 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.
         
       Furthermore, the analyst noted the applicant issue requesting a narrative reason change.  She was discharged under the provisions of Chapter 5, Paragraph 5-8, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Parenthood", and the separation code is "JDG."  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. 
       
       Additionally, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as “Honorable" and the separation authority directed a characterization of general, under honorable conditions.  Because the characterization of service granted is improper, the Board is empowered to correct the mistake.  The analyst recommends to the Board to administrative correct block 24, character of service to read "Honorable". 
       
       In view of the foregoing, 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: 25 January 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

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 characterization is improper.  The evidence of record shows that 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/her service record that warrants such a characterization, using the notification procedure.  As no such notice was given, a general discharge is not proper.

The Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as "Honorable".   Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to “Honorable”.  However, since the applicant’s DD Form 214 already reflects an Honorable discharge there is no reason to issue a change to the DD Form 214.

Except for the foregoing modification to the applicant's characterization of service, the Board found the reason for separation both proper and equitable.
        
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 AR20090008448
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