PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            11 August 1999
	DOCKET NUMBER:   AR1999023113

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

	Mr. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Certificate of Release or Discharge (DD Form 214) be corrected to show his Narrative Reason for Separation as Hardship and his Separation Authority as Army Regulation (AR) 635-200, chapter 6-3 (b) instead of showing that he was discharged for Parenthood (AR 635-200, paragraph 6-3B(1)).

3.  The applicant states that he requested and was granted a discharge for hardship and his DD Form 214 should be corrected accordingly.  In support of his appeal he submits a copy of a Personnel Action (DA Form 4187) showing that he requested a hardship discharge.  He also submits a copy of a memorandum dated 16 April 1997, which shows that his commander recommended that his request for a hardship discharge be approved.

4.  The applicant’s complete military records are not available.  Information herein was obtained from partial records and documentation submitted with his application to this Board.

5.  On 2 August 1995, he enlisted in the Army and he successfully completed his training as a cargo specialist.  The available records show that at the time of his enlistment he was single with no dependents.

6.  On 16 April 1997, the applicant submitted a DA Form 4187 requesting to be discharged under the provisions of Army Regulation 635-200, chapter 6-3b for hardship.  The applicant’s commander recommended approval of the request for a hardship discharge and forwarded the request through his chain of command.

7.  The facts and circumstances pertaining to the applicant's discharge are not on file.  His DD Form 214 indicates that the applicant was discharged on 5 May 1997, under the provisions of Army Regulation 635-200, chapter 6-3b(1) for parenthood and he was issued a Honorable Discharge Certificate.

8.  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.

9.  Army Regulation 635-200, chapter 6-3(b) states that 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.
10.  Chapter 6-3b(1) of the same regulation provides for the separation of married service women for parenthood.  It states that a married service woman who becomes a parent by birth, adoption or marriage (stepparent), and whose child (or children) under 18 years of age reside within the household, may apply for separation under hardship.  The woman must submit evidence (per paragraph 6-7b(5)) that the roles of parent and soldier are incompatible and that she can not fulfill her military obligation without neglecting the child or children.

CONCLUSIONS:

1.  An administrative error was made during the preparation of the applicant’s DD Form 214 which resulted in his Separation Authority, his Narrative Reason for Separation and his Separation Code being documented incorrectly.

2.  The provisions under which he was separated applies only to women. Although his complete records were not available for review, the available records show that he was single with no dependents.  It reasonable to presume that he was not discharged for parenthood.

3.  He was discharged under the provisions of AR 635-200, chapter 6-3b for hardship and his DD Form 214 should be corrected appropriately.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the DD Form 214 of the individual concerned to show that he was discharged under the provisions of Army Regulation 635-200, chapter 6-3(b) for hardship and that his separation code be changed to MDB instead of MDG as currently reflected.

BOARD VOTE:  

___jpi___  __jhk ___  ___wm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John H. Kern_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999023113	
SUFFIX		
RECON		
DATE BOARDED	1999/08/11	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1997/05/05	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	189	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  191	110.0200/Reason & Authority	
2.		
3.		
4.		
5.		
6.