Applicant Name:  ?????

Application Receipt Date: 2010/06/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "5–1. Characterization of service or description of separation.  a. 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.  My Discharge was was a chapter 5-8 Involuntary separation due to parenthood due to this I am requesting that my character of service be upgraded to Honorable."

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: 091216
Discharge Received: 			   Date: 100801   Chapter: 5-8      AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: B Co, 188th Bde Spt Bn, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091007, without authority, left her appointed place of duty (090927); and without authority, failed to go at the prescribed time to her appointed place of duty (090928); reduction to E-1, and forfeiture of $699 pay x 2 months (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 080331    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 00 Mos, 01 Days ?????
Total Service:  		02 Yrs, 03 Mos, 27 Days ?????
Previous Discharges: 	RA-010824-011229/UNC
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 94F10 Computer Detection Systems Repairer   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Port Saint Lucie, FL 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 December 2009, 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 her inability to provide an adequate family care plan, and failing to repair x 2 (090927), (090928), with a general, under honorable conditions discharge.  She was advised of her rights. 
       
        
       
       15 December 2009, 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 14 January 2010, the separation authority waived further rehabilitative efforts and directed the applicant be discharged from active duty and not transferred to the Individual Ready Reserve(IRR), 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 during the period of enlistment under review and the issues submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable. 
       
       This recommendation was made after full consideration of the applicant's faithful and honorable service, as well as the record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  
       
       The analyst determined that the length of the applicant's service, and the nature of the offenses mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online Application, dated (1005260.

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.  

Further, by the misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  
 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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: None




































Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100015898
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