Applicant Name:  ?????

Application Receipt Date: 2011/10/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was married to another Soldier who gave birth to their son who had health issues.  He knew that one of them had to get out of the Army because their child did not qualify for child care.  He chose to be the one to get out.  After completing basic training and AIT he was deployed to Iraq in support of the 10th Special Forces Group, earned a Combat Action Badge and an ARCOM.  Later he was deployed to Iraq for a second time and suffered a head injury that still affects him today.  He does not qualify for the GI Bill because he requires an honorable characterization of service.  He would like to attend college and earn a degree to better support his family.

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: NIF
Discharge Received: 			   Date: 100619   Chapter: 5-8    AR: 635-200
Reason: Parenthood	   RE:     SPD: JDG   Unit/Location: B Co, 172d Bde Spt Bn, Schweinfurt, Germany 

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:  26
Current ENL Date: 070818    Current ENL Term: 5 Years  ?????
Current ENL Service: 	02 Yrs, 10 Mos, 02 Days ?????
Total Service:  		05 Yrs, 03 Mos, 03 Days ?????
Previous Discharges: 	RA 050317-070817/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B10/Wheel Veh Mech   GT: NIF   EDU: HS Grad   Overseas: SWA, Germany   Combat: Iraq x 2 (070310-071031 and 081127-091126)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM-CS, GWOTSM, ASR, OSR, CAB, MUC

V.  Post-Discharge Activity
City, State:  Columbia, SC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the applicant provided his discharge packet which indicates that after being notified of initiation of separation under the provisions of Chapter 5, paragraph 5-8, AR 635-200, for parenthood, the battalion commander recommended approval with a characterization of service of fully honorable.
       
       The unit commander’s notification and the applicant’s election of rights are not contained in the official record and the analyst presumed government regularity in the discharge process.
       
       On 24 May 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  He was not transferred to the Individual Ready Reserve.

       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 available military records, and the issue and documents submitted with the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to fully honorable on the basis of equity.    
       
       Although the unit commander’s notification memorandum is not contained in the available records, the applicant provided documentation that indicates the battalion commander recommended that he be discharged from the Army with a fully honorable characterization of service.  
       
       The analyst determined that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found the length and quality of the applicant's service to include his two tours in combat, his awards of the Army Commendation Medal and the Combat Action Badge and the absence of any negative counseling statements or UCMJ actions and the recommendation from the battalion commander, justified the award of a fully honorable characterization of service.  The applicant completed over five years of continuous active duty service, achieved the rank of SPC/E-4, and earned several awards including an ARCOM and a CAB.
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable on the basis of equity.  However, the analyst determined 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: 28 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, chain of command's recommendations, numerous certificates and orders, and a self-authored statement.




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 of service was too harsh, based on the overall length and quality of the applicant's service to include his combat service and the recommendation of the battalion commander and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it
        
IX.  Board Decision						
Board Vote:
Character - Change 3    No change 2
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder













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 AR20110020316
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