MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 October 2000                   
	DOCKET NUMBER:   AR2000044189

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Barbara J. Ellis		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:  That her records be corrected to show she was authorized separation pay.

APPLICANT STATES:  That she did not volunteer to separate.  Her discharge was a recommendation from those in authority over her.  When she received orders for assignment to Italy, she was divorced with a 4-year old son.  It was not feasible to take her son with her or to leave him with her ex-husband.  Her mother volunteered to care for him for two years.  With only four or five months left to go on her tour, her mother became ill and could no longer care for the applicant’s son.  However, at that time Desert Shield had started and Stop Loss was in place.  She could not make a permanent change of station (PCS) to return to the States.  Her ex-husband would not let her take her son to Italy.  She was told her only option was a hardship discharge.  She was in tears because she wanted to stay in the Army but she decided that she had no option but to follow-up with their recommendation.  To this day she feels she was forced out of the Army.  They made the recommendation to put her out and later fixed her records to make it appear she had decided to do this on her own.  It was recently brought to her attention that she was entitled to separation pay upon separating in June 1991.

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

She enlisted in the Regular Army on 22 July 1980.  She departed for Italy on     21 May 1989 for a 24-month unaccompanied tour.  She had left her son in the States in her mother’s care. 

On 12 March 1991, the applicant’s mother wrote to her explaining that her health was deteriorating and she did not know how much longer she could care for the applicant’s son.

On 8 April 1991, the applicant requested a hardship discharge because her mother could no longer care for the applicant’s son, her ex-husband (the child’s father) would not agree to the applicant re-locating the child overseas, and PCSs were suspended due to Stop Loss.  A temporary leave to arrange other care was not feasible as she had no other family members who were willing or able to take care of her son.

On 12 April 1991, the applicant’s request for a hardship discharge was approved. 

On 17 June 1991, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 6-3b(1), parenthood of married service woman.  She had completed 10 years, 10 months and 26 days of creditable active service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 governs separation because of dependency or hardship.  Paragraph 6-3b describes “hardship” as existing when, in circumstances not involving death or disability of a member of the soldier’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) states that a married service woman who becomes a parent by birth, adoption or marriage 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 that the roles of a parent and soldier are incompatible and that she cannot fulfill her military obligation without neglecting the child or children. 

The Department of Defense Financial Management Regulation provides that, effective 20 June 1991, full payment of nondisability separation pay is authorized to Service members of the Regular and Reserve components who are involuntarily separated from active duty and who meet certain conditions.  Effective 20 June 1991, half payment of nondisability separation pay is authorized to Service members of the Regular and Reserve components who are involuntarily separated from active duty and who meet certain other conditions.  Members (including regular enlisted members) on active duty (other than for training) on 5 November 1990, who were involuntarily separated from active duty before 20 June 1991, are entitled to receive separation pay as above with certain modifications.  A member who is separated from active duty at the member’s own request is not eligible for separation pay.

Implementation of the Stop Loss policy holds soldiers beyond their separation dates for reasons of national emergency.  Stop Loss for Desert Shield/Storm began around 1 September 1990 and ended around 1 July 1991.  PCSs from long-tour overseas areas were resumed on a basis determined by the overseas command.  

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.  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 this requirement.

2.  The recommendation by the applicant’s chain of command that she request a hardship discharge was only that – a recommendation.  In view of her family situation and the personnel policy at the time – the Army not yet being on a peacetime footing and all personnel movements being prohibited or tightly regulated – the applicant only had two options to consider.  She could either remain in Italy and hope her mother’s condition would not worsen and that Stop Loss would end soon or request a hardship discharge and take care of her son herself. She made a voluntary decision to request a hardship discharge.  Unfortunately, when soldiers have family obligations in addition to military obligations unpalatable choices sometimes have to be made.  The applicant had to make one.

3.  Because the applicant’s hardship discharge was made at her own request, she was not entitled to separation pay of any type.  

4.  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

__rvo___  __lds___  __bje___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044189	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.