MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 November 1999
	DOCKET NUMBER:   AR1998012340

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that her narrative reason for separation showing “parenthood” be changed to show that she was discharged due to hardship in order to receive her education benefits.

APPLICANT STATES:  In effect, that she was never informed that she was discharged for the convenience of the government and that she had no record of it.  She also states that she applied for a hardship separation due to parenthood under the provisions of Army Regulation 635-200, paragraph 6-3b (1).  She further states that she has been repeatedly denied education benefits under the Montgomery GI Bill (MGIB) due to false information that was provided to the VA which stated that she was discharged for the convenience of the government.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 1 October 1992 for a period of 3 years as an automated logistical specialist.  On 5 July 1994, she requested separation under the provisions of Army Regulation 635-200, chapter 6, paragraph 6-3b(1) due to parenthood of married service women.  The reason for her request was that she could no longer fulfill her contract without neglecting her children.

The applicant’s request was processed and approved by appropriate authority
on 21 July 1994 and with the issuance of an Honorable Discharge Certificate.  
Accordingly, she was honorably discharged on 5 August 1994 under the provisions of Army Regulation 635-200, paragraph 6-3b(1) due to parenthood of married service women.  She had 2 years and 3 months of creditable service.

The applicant’s DD Form 2366 (Veterans Educational Assistance Act of 1984 (New GI Bill) Chapter 30, Title 38, US Code) shows that she was enrolled in the “New GI Bill”.  The applicant’s DA Form 3286-67 (Statement of Understanding (Army Policy)) shows in block 5 that she enlisted for the MGIB.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship.  An 
application for such separation will be approved when a service member can substantiate that his situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that discharge will improve the situation.

Paragraph 6-3a, provides for the separation of dependency.  Dependency exists when death or disability of a member of a soldier’s (or spouse’s) immediate family causes that member to rely upon the soldier for principal care or support.  Paragraph 6-3b, provides for the separation due to hardship.  A hardship exists when, in circumstances not involving death or disability of a member of the soldier’s (or spouse’s) immediate family, separation from the service will materially affect the care or support of the family by alleviating undue and genuine hardship.

Paragraph 6-3b(1), provides for the separation for parenthood of married service women.  An application for such separation will be approved when a service member can substantiate that his or her situation or immediate family’s situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that discharge will improve the situation.

The Education Incentive Branch of the US Total Army Personnel Command has established policy relating to early separation for the Convenience of the Government.  The policy is that certain narrative reasons for separation describe something other than Convenience of the Government, but, in fact, are separations for the Convenience of the Government.  The most common paragraphs in Army Regulation 635-200, which fall into this category, are 5-3 (usually Convenience of the Government), 5-4 (surviving family members), 5-8 and 6-3b(1) or (2) (Parenthood), 5-17 (Early Separation to Further Education), Chapter 8 (Pregnancy), paragraph 16-2 (ROTC) and 16-12 (Holiday Early Transition Program).  The Education Incentive Branch has also determined that separation for parenthood is not considered hardship for MGIB purposes, but is a Convenience of the Government separation as is stated in Army Regulation 635-200, paragraph 6-1.  

The GI Bill, as outlined in Title 38, United States Code, chapter 30, section 1411b, provides for soldiers who entered the service after 30 June 1985 to contribute $1,200.00 to the program during their first 12 months of service.  Participation in the program is automatic, unless the soldier voluntarily withdraws from the program at the time of processing into the Army at a reception station.  Under normal situations, the $1,200.00 contribution is nonrefundable.  The program is administered by the VA after the soldier is separated from active duty.

Under VA regulations, service members must serve at least 20 months of a service obligation of less than 3 years, or 30 months of a service obligation of 3 years or longer to be eligible to qualify for the MGIB.  There are only four exceptions: 1) a discharge for a service-connected disability; 2) a hardship discharge; 3) a discharge for a pre-existing medical condition; or, 4) an involuntary separation due to reduction in force.  In all cases, the soldier’s service must be considered fully honorable.  The investigation by the VA revealed that the applicant was discharged for the convenience government and under VA eligibility rules she was not entitled to education benefits based on this narrative reason for discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 6, paragraph 6-3b(1) for parenthood of married service women, was administratively correct and in conformance with applicable regulations.  Accordingly, her DD Form 214 properly reflects the appropriate narrative reason for separation.

2.  The Board noted the applicant’s contention that she should have been discharged for hardship.  However, evidence of record clearly shows that the applicant requested to be discharged under the provisions of Army Regulation 
635-200, chapter 6, paragraph 6-3b (1) for parenthood.  

3.  Based on policy and guidance in effect at the time of the applicant’s discharge, separation under the provisions of Army Regulation 635-200, paragraph 6-3d(1) for parenthood is not considered a hardship discharge for MGIB purposes, but is considered a separation for the convenience of the Government.

4.  The applicant is not eligible for the MGIB based on the fact that she did not complete at least 30 months of her enlistment and did not meet one the exception criteria. 

5.  In order to justify correction of a military record the applicant must show to the
satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.  

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

FNE_____  ESC____  SK_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012340	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991103	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19940805	
DISCHARGE AUTHORITY	AR 635-200, CHAP 6	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  542		
2.		
3.		
4.		
5.		
6.