IN THE CASE OF:  	

      BOARD DATE:  	18 May 2015

      CASE NUMBER:  	AR20150002814
___________________________________________________________________________

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 her separation to include the reentry eligibility (RE) code.

2.  The applicant states, in effect, her separation code should be LDG which is "Inability to perform prescribed duties due to parenthood;” she believes this is the appropriate code and best describes her situation; and also, the RE code of 3 is unjustified as well and she should have received a RE code of 1.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		9 February 2015
b. Discharge received:			Honorable
c. Date of Discharge:			26 February 2007
d. Reason/Authority/SPD/RE:		Parenthood, AR 635-200, Chapter 5, Paragraph 5-8 						JDG, RE-3
e. Unit of assignment:			HHC, Division Support Command, Fort Bragg, NC
f. Current Enlistment Date/Term:	20 August 2003, 5 years
g. Current Enlistment Service:	3 years, 6 months, 7 days
h. Total Service:			4 years, 2 months, 23 days
i. Time Lost:				None
j. Previous Discharges:		USAR (021204-030819)/HD
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	96D10, Imagery Analyst
m. GT Score:				100
n. Education:				HS Graduate
o. Overseas Service:			Germany
p. Combat Service:			None
q. Decorations/Awards:		JSAM, AAM, AGCM, NDSM, GWOTSM, ASR, OSR
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 US Army Reserve on 4 December 2002, for a period of 8 years.  She was 17 years old at the time of entry and had not completed high school.  She was trained in and awarded military occupational specialty (MOS) 96D10, Imagery Analyst.  She was discharged from the Reserve on 19 August 2003, with an honorable characterization of service.  The applicant enlisted in the Regular Army on 20 August 2003, for a period of 5 years.  She was 18 years old at the time of entry and a high school graduate.  She retained her initial MOS of 96D10.  Her record does not show any combat service, she earned several awards including a JSAM, AAM and an AGCM; and she achieved the rank of SPC/E-4.  She was serving at Fort Bragg, North Carolina, when her discharge was initiated.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows on 17 January 2007, 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 failing to implement and maintain an adequate family care plan, with an honorable discharge.

2.  The record also shows in a self-authored statement 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.  On 19 January 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her own behalf.  The unit commander subsequently recommended separation from the service.

4.  On 6 February 2007, the separation authority directed the applicant’s release from active duty and she was not transferred to the Individual Ready Reserve (IRR) with a characterization of service of honorable.

5.  The applicant was discharged from the Army on 26 February 2007, 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 28 September 2006 and         22 November 2006, for failing to implement and maintain an adequate family care plan.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application (six pages).

POST-SERVICE ACTIVITY: 

The applicant did not provide any information 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.

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 a Soldier assigned a SPD Code of "JDG" will be assigned a RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation to include the RE code was carefully considered.  However, after examining the applicant’s record of service, and the issues submitted with the application, there are insufficient mitigating factors which merits a change to the narrative reason for separation to include the RE code.

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.

3.  The applicant requests a change to the narrative reason for separation to include the RE code.  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 SPD Code/RE Code Cross Reference Table shows a Soldier assigned a SPD Code of "JDG" will be assigned a RE Code of 3.

5.  The applicant contends the separation code of LDG which states "Inability to perform prescribed duties due to parenthood;” she believes this is the appropriate code and best describes her situation; and also, the RE code of 3 is unjustified as well and she should have received an RE code of 1.  The SPD Code/RE Code Cross Reference Table shows the separation code of LDG is issued to Army National Guard and Reserve Soldiers ordered to active duty and upon completion of required active duty are involuntary REFRAD to their respective Troop Program Unit (TPU).  The applicant was an active duty Soldier and the LDG separation code is not applicable to her.

6.  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.  

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

8.  Therefore, the narrative reason for discharge to include the RE code being both proper and equitable, the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  18 May 2015    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:		NA
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)		AR20150002814



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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