IN THE CASE OF:  	

      BOARD DATE:  	4 October 2013

      CASE NUMBER:  	AR20130007030
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the narrative reason for discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change to the narrative reason for separation.

2.  The applicant states, in effect, she desires to receive VA benefits, and change reason to “Hardship.”  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 April 2013
b. Discharge received:			Honorable
c. Date of Discharge:			19 February 2004
d. Reason/Authority/SPD/RE:		Parenthood, AR 635-200, Chapter 5, paragraph 5-8 						JDG, RE-3
e. Unit of assignment:			53rd Quartermaster Company, 553rd Combat Support 					Battalion, 13th Corps Supt Command, Fort Hood, TX
f. Current Enlistment Date/Term:	13 February 2003, 4 years
g. Current Enlistment Service:	1 year, 7 days
h. Total Service:			1 year, 1 month, 23 days/block 12e on the DD Form 						214 total prior inactive service, is incorrect and should 					read 1 month, 16 days.
i. Time Lost:				None
j. Previous Discharges:		ARNG (021227-030212)/UNC
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	92F10, Petroleum Supply Specialist
m. GT Score:				101
n. Education:				College Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 13 February 2003, for a period of 4 years.  She was 38 years old at the time of entry and a college graduate.  She was trained in and awarded military occupational specialty (MOS) 92F10, Petroleum Supply Specialist.  Her record does not show any acts of valor or significant achievements.  She was serving at Fort Hood, TX when her discharge was initiated and she enlisted at the rank of SPC/E-4.



SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 21 January 2004, 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 a workable family care plan, with an honorable discharge.  

2.  The record also shows that the applicant indicated she was unable to validate her family care plan and understood it would result in her separation from the Army.  She was advised of her rights.  

3.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  

4.  On 28 January 2004, the separation authority directed the applicant’s release from active duty with a characterization of service of honorable.  The applicant was not transferred to the Individual Ready Reserve (IRR).

5.  The applicant was discharged from the Army on 19 February 2004, with a characterization of service of honorable.

6.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under Uniform Code of Military Justice (UCMJ).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

She received three negative counseling statements dated between 3 October 2003 and         23 December 2003, being counseled in accordance with (lAW) AR 60-20 (Army Command Policies and Procedures) to initiate and recertify her Family Care Plan, should the unit scheduled for a short term of long term deployment, being notified of the requirement to have a family care plan, and being recommended for a Chapter 5-8 separation.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided two online applications, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant stated in her application she has been a DOD employee for eight years.  The applicant also enlisted in the Army National Guard on 31July 2004; and she was discharged on 16 June 2005, with an honorable characterization of service. 



REGULATORY AUTHORITY:

1.  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.  

2.  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.  

3.  No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified, using the notification procedure, of the specific factors in his/her service record that warrant such a characterization.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JDG" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-8, parenthood.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JDG" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation was carefully considered.  However, after examining the applicant’s record of service, the document and the issue submitted with the application, there are insufficient mitigating factors that would merit for a change to the narrative reason for separation. 

2.  The applicant was discharged for her inability to perform prescribed duties due to parenthood under the provisions of Chapter 5, paragraph 5-8, AR 635-200.  This involuntary separation was appropriate since the command determined 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. 

3.  The applicant requested a change to the narrative reason for separation.  However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JDG" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-8, parenthood.  The regulation further stipulates that no deviation is authorized.  

4.  The applicant desires to receive educational benefits to pursue a college career.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

5.  The record confirms that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review          Date:  4 October 2013        Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  None

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:			No
Change Characterization to:		No Change
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						NA




Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130007030



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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