Applicant Name:  ?????

Application Receipt Date: 2009/06/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant provided no issues of equity or propriety.  He states that "he was discharged under the family care plan."

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: 080922
Discharge Received: 			   Date: 081022   Chapter: 5-8    AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: Rear Det, 4th EN Bn, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080818, wrongful use of marijuana (080603-080703), reduction to E-2, forfeiture of $754 per month for two months (suspended), 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 050818    Current ENL Term: 6 Years  ?????
Current ENL Service: 	03 Yrs, 02Mos, 05Days ?????
Total Service:  		03 Yrs, 02Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10/Autom Log Spc   GT: 89   EDU: HS Grad   Overseas: SWA   Combat: Iraq (061105-080120)
Decorations/Awards: ARCOM-3, NDSM, GWOTSM, ICM, ASR, OSR, CAB-2

V.  Post-Discharge Activity
City, State:  Lansing, IL
Post Service Accomplishments: None listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 September 2008, 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 his inability to perform prescribed duties with a general, under honorable conditions discharge.  He was also notified the characterization of a general, under honorable conditions was being recommended specifically because he received a field grade Article 15 for wrongful use of marijuana.  The record shows that on 8 September 2008, the applicant indicated that he was unable to validate his family care plan and that he understood that it would result in his separation from the Army.  He was advised of his rights.  On 25 September 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  On 2 October 2008, 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.
       
       The record contains an MP Report dated 16 July 2008.

       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, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant was discharged for his 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 he was properly informed as to the specific factors in his service record that would warrant such a characterization. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge.  
       
       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: 26 March 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Disabled American Veterans
3935 W. 41st Avenue
Gary, IN 46408-3009

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 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 AR20090010601
______________________________________________________________________________


Page 1 of 3 pages