PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                17 August 2000
	DOCKET NUMBER:        AR2000036081

	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. Carl W. S. Chung		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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, in effect, that her discharge under honorable conditions (a general discharge) be upgraded to honorable and that her
DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she was awarded the Driver Badge.

3.  The applicant states, in effect, that item 24 (Character of Service) of her DD Form 214 is incorrect and that her DD Form 214 does not show the Driver Badge.  In support of her application, she submits a copy of memorandum from the Deputy Adjutant General (AG) of Headquarters, Fort Carson, dated 3 June 1999 and a copy of Permanent Orders #057-01, dated 26 February 1999.

4.  The applicant’s military records show that she entered active duty on 3 September 1997 as a military policeman and continued to serve until she 
was discharged on 26 May 1999 under honorable conditions (a general discharge) under the provisions of Army Regulation 635-200, chapter 5-8 for parenthood. 

5.  The applicant provided a copy of a memorandum from the Deputy AG of Headquarters, Fort Carson, dated 3 June 1999 to a Member of Congress.
The Deputy AG stated when a soldier is administratively separated for inability to perform prescribed duties due to parenthood (pursuant to Army Regulation 635-200, paragraph 5-8), the discharge characterization may be either honorable or general depending upon the soldier’s service and duty performance taken as a whole.  The Deputy AG also stated that that an honorable discharge characterization “is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate”.  The Deputy AG further stated that the mere fact that a soldier is separated because of their inability to perform their duties due to parenthood is not grounds for a general discharge.  In the applicant’s case, the notice of proposed separation and the supporting documents make no reference to any derogatory data or negative duty performance.  The Deputy AG concluded by stating that the applicant should have received an honorable discharge.
In summary the Deputy AG stated that the Fort Carson Personnel Services Battalion will notify the Army Reserve Personnel Center (ARPERCEN) in St. Louis, Missouri to issue the applicant a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show that she was honorably discharged.

6.  The applicant’s records contain a memorandum prepared by Chief, Transition Center of Headquarters, Fort Carson, dated 2 June 1999, which shows that a request was forwarded to the USAR Control Group Army Personnel Center, St. Louis, Missouri requesting that a DD Form 215 be prepared to correct item 24 (Character of Service) of the applicant’s DD Form 214 to show the entry “HONORABLE”.
7.  Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division Permanent Orders 057-01, dated 26 February 1999, shows the applicant 
was awarded the Driver Badge.

8.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 5 covers separation for convenience of the government.  Paragraph 5-8 states that soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities.  Specific reasons for separation because of parenthood include inability to perform prescribe duties satisfactorily, repeated absenteeism,
late for work, inability to participate in field training exercises or perform special duties as charge of quarters (CQ) and Staff Duty NCO, and nonavailability for worldwide assignment or deployment according to the needs of the Army.
The characterization of service for soldiers separated under the provision of 
this paragraph will normally be characterized as honorable, under honorable conditions or uncharacterized description if in an entry level status.

CONCLUSIONS:

1.  The Board noted that the applicant was separated with an under honorable conditions discharge under the provisions of Army Regulation 635-200, paragraph 5-8 for parenthood.  The Board also noted the Deputy AG of Fort Carson stated that the an honorable discharge characterization was appropriate when the soldier’s service met the standards of acceptable conduct and performance of duty or is otherwise so meritorious that any other characterization would be clearly in appropriate. 

2.  The Board further noted that the Deputy AG stated that the applicant’s notice of proposed separation and supporting documents made no reference to any derogatory data or negative duty performance and that the applicant should have received an honorable discharge certificate.  Upon review, the Board has determined that this evidence is sufficient as a basis for correction of the applicant’s records.  Therefore, the applicant is entitled to correction of item 
24 (Character of Service) of her DD Form 214 to show the entry “HONORABLE”
and that she be issued an Honorable Discharge Certificate in lieu of the Under Honorable Conditions (General) Discharge Certificate she now holds.

3.  Permanent Orders show that the applicant was awarded the Driver Badge.  Therefore, she is entitled to correction of her records to show this award.

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

a.  by showing in item 24 (Character of Service) of her DD Form 214 that 
entry “HONORABLE”;

b.  by issuing to her an Honorable Discharge Certificate from the Army of the United States, dated 26 May 1999, in lieu of the Under Honorable Conditions (General) Discharge Certificate of the same date now held by her; and

c.  by showing in item 13 (Awards and Decorations) of her DD Form 214 that she was awarded the Driver Badge.

BOARD VOTE:  

SVW____  MHM____  LDS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_SHERRI V WARD_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036081	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19990526	
DISCHARGE AUTHORITY	AR 635-200  C. 5-8	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 189		
2.  46		
3.  		
4.		
5.		
6.