IN THE CASE OF:  	Ms. 

      BOARD DATE:  	20 June 2014

      CASE NUMBER:  	AR20130016919
___________________________________________________________________________

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 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 is having problems rejoining the military due to the narrative reason for separation.  She was discharge for parenthood hardship; however, her child is 19 years of age and she is no longer a single parent.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 September 2013
b. Discharge received:			Honorable
c. Date of Discharge:			20 May 2001
d. Reason/Authority/SPD/RE:		Parenthood, AR 635-200, Chapter 5, paragraph 5-8, 						JDG, RE-3
e. Unit of assignment:			179th MP Detachment, Hunter Army Airfield, GA
f. Current Enlistment Date/Term:	31 March 1998, 5 years
g. Current Enlistment Service:	3 years, 1 month, 20 days
h. Total Service:			3 years, 1 month, 20 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	95B10, Military Police
m. GT Score:				NIF
n. Education:				High School Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		AGCM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 31 March 1998, for a period of 5 years.  She was 21 years old at the time of entry and a high school graduate.  She was trained in and awarded military occupational specialty (MOS) 95B1010, Military Policeman.  Her record does not show any acts of valor or significant achievements.  She was serving at Hunter Army Airfield, GA, when her discharge was initiated.  






SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  She was discharged as a SPC/E-4.

2.  The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, paragraph 5-8, for parenthood with a characterization of service of honorable.  The DD Form 214 shows a Separation Program Designator (SPD) code of JDG and a reentry (RE) code of 3.  

3.  The applicant’s available record does not contain any evidence of unauthorized absences or time lost.

4.  The applicant was separated under Orders 06-271-00031, HQS, 90th Regional Readiness Command, North Little Rock, AR, dated 28 September 2006, with an effective date of 28 September 2006.  

5.  The applicant was discharged from the Army on 20 May 2001, 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:

There are no counseling statements or UCMJ actions in the available record.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 and DD Form 214.  

POST-SERVICE ACTIVITY: 

None listed by the applicant.  

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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after a careful review of all the applicant’s available military records and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-8 by reason of parenthood, with a characterization of service of honorable.  

3.  Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant's facts and circumstances leading to the discharge are not contained in the service record.  The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be her responsibility to meet the burden of proof since the discharge packet is not available in the official record.

5.  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.  

6.  The applicant desires to rejoin the Military Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

7.  Therefore, based on the available evidence and the presumption of government regularity in the discharge process, it appears the reason for discharge were both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  20 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

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:	NA
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
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)		AR20130016919



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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