IN THE CASE OF:  	Ms. 

      BOARD DATE:  	1 July 2014

      CASE NUMBER:  	AR20130016929
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board determined that the characterization of service is improper.   

2.  Army Regulation 635-200, Chapter 5, paragraph 5-1b, states that no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in the service record that warrants such a characterization, using the notification procedure.  The record confirms that the applicant was not properly notified as to these factors.  

3.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.

4.  Additionally, the service record indicates that someone in the discharge process erroneously entered the reason for separation authority as AR 635-200, paragraph 6-3b(1), and SPD code of KDG.  However, the separation authority approved the discharge under the provisions of AR 635-200, Chapter 5, paragraph 5-8, due to parenthood.

5.  In view of the foregoing, recommend the Board make the following changes:  

      a. change block 25, separation authority to AR 635-200, Chapter 5, paragraph 5-8
      b. change block 26, separation code to JDG
      
6.  Except for the modifications as stated, above the narrative reason for separation was both proper and equitable.

      
      
      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 an upgrade of her characterization of service to honorable.

2.  The applicant states, in effect, she thinks her discharge should be changed because she was a committed and hardworking Soldier.  Before getting out of the service she received an Article 15 because of a disagreement between her and an NCO.  She was a lower enlisted Soldier and no one wanted to hear her side of the situation.  That was the only time she has ever been in trouble.  She completed her time in the military and thinks she deserves to use her GI Bill.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			13 September 2013
b. Discharge Received:			General, under honorable conditions
c. Date of Discharge:				19 October 2005
d. Reason/Authority/SPD/RE Code:		Parenthood, AR 635-200, Chapter 6-3b(1),
KDG, RE-3
e. Unit of assignment:				226th Maintenance Company, 
19th Maintenance Battalion, Fort Sill, OK
f. Current Enlistment Date/Term:		28 October 2004, 3 years
g. Current Enlistment Service:		11 months, 22 days
h. Total Service:				3 years, 11 months
i. Time Lost:					None
j. Previous Discharges:			RA (101002-041027), HD
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		92Y10, Unit Supply Specialist
m. GT Score:					98
n. Education:					GED Certificate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 2 October 2010, for a period of 3 years and reenlisted on 28 October 2004, for another period of 3 years, at the rank of SPC/E-4.  She was 20 years old at the time of reenlistment and had a General Education Development Certificate (GED).  Her DD Form 214 block 12f indicates she served a foreign tour of service; however, the location and dates are not in the available record.  Her record does not show any acts of valor or significant achievements and at the time her discharge proceedings were initiated she was stationed at Fort Sill, OK.  She completed 11 months and 22 days of active duty service for the period of service under review and had a total of 3 years and 11 days of active military service. 

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows on 8 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-8, by reason of parenthood, for failure to maintain an adequate family care plan within the allotted time, with a general, under honorable conditions discharge.  She was advised of her rights.

2.  9 August 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf.  

3.  The record also shows that on 1 September 2005, the applicant was counseled and indicated she fully understood the policy on family member care responsibilities.  She understood that she must arrange for care of her family member, remain available for deployment and training, and report for duty as required without interference of responsibility for family members.  The applicant was given 30 days to secure a family care plan.  

4.  The intermediate commander recommended approval with a general, under honorable conditions discharge.  

5.  The separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

6.  The applicant was discharged from the Army on 19 October 2005, with a characterization of service of general, under honorable conditions, under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-8, by reason of parenthood, with an SPD code of KDG and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 9 June 2005, for disobeying a lawful order x 2 from a SSG and a SGT (050422), (051215), disrespectful in language towards a SGT (040914), and failed to go to her appointed place of duty (040511).  The punishment imposed consisted of reduction to the grade of Private First Class (E-3) and extra duty for 14 days (CG).  

2.  Several negative counseling statements dated between 25 March 2005 and 8 August 2005, for failing to provide a family care plan, failing to be at her appointed place of duty, and failing to obey orders and regulations. 
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application dated 5 September 2013.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with her application. 

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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  

2.  After a careful review of all the applicant’s military records for the period of enlistment under review and the issue submitted with the application, it appears that the characterization of service was improper.  

3.  Army Regulation 635-200, Chapter 5, paragraph 5-1b, states that no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in the service record that warrants such a characterization, using the notification procedure.  The record confirms that the applicant was not properly notified as to these factors.  

4.  The records show the proper discharge and separation authority procedures were not followed in this case.  

5.  Therefore, the characterization of service being improper, recommend the Board grant full relief in the form of an upgrade of the applicant's characterization of service to honorable.  However, there was an administrative error in the reason for discharge.

6.  As to the administrative error in his DD Form 214, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 6-3b(1), block 26 separation code  as "KDG. "  

7.  Therefore and as approved by the separation authority, the following administrative corrections are recommended:

      a. block 25, separation authority to AR 635-200, paragraph 5-8
      b. block 26, separation code to JDG

8.  Except for the modifications as stated, above the narrative reason for separation was both proper and equitable.

9.  The applicant contends she completed her time in the military and thinks she deserves to use her GI Bill.  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. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review        Date:  1 July 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

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











Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			No Change
Change Authority for Separation:	AR 635-200, Chapter 5, paragraph 5-8
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) code JDG


































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)		AR20130016929



Page 5 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1