MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 NOVEMBER 2002                 
	DOCKET NUMBER:   AR2002068587

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 she be reinstated in the United States Army.

APPLICANT STATES:  In effect, that she was separated under the provisions of Army Regulation 635-200, paragraph 5-8, which refers to single soldiers with dependents under the age of 18 who would need a family care plan in case of deployment or other long-term duty.  In support of her request she submits a copy of her 1997 marriage certificate.

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

In March 1984 the applicant enlisted in the United States Army Reserve.  In February 1989 the applicant, now a divorced mother of three minor children (born in 1985, 1986, and 1988) petitioned a civilian court to grant guardianship of her three children to her mother.  The petition was approved.  In May 1989 the applicant, who was still a member of the United States Army Reserve, requested enlistment in the Regular Army.  On her enlistment document she indicated "NA" in response to items associated with minor children.  The applicant was permitted to enlist in the Regular Army on 16 June 1989, for a period of 4 years.

On 1 July 1989 the applicant married and apparently regained custody of her three children.  In August 1993 the applicant divorced her spouse and in May 1994 gave birth to a fourth child.

In January 1995 the applicant was counseled regarding her incomplete family care plan.  On 14 March 1995 the applicant noted during a counseling session that her family care plan was no longer complete, that she had no replacements (to care for her children), and that she would take whatever punishment was given because she could not leave her kids at home alone.  On 15 March 1995 the applicant was counseled again regarding her incomplete family care plan.  The applicant indicated during that counseling that "she did not wish to complete the family care plan" and stated that she "could not find anyone to care for her children."

On 10 April 1995 the applicant's unit commander initiated action to involuntarily separate her (the applicant) from active duty under the provisions of Army Regulation 635-200, paragraph 5-8 for parenthood, because she did not have an adequate family care plan, which affected her ability to fulfill her obligations for worldwide deployment.  The applicant acknowledged receipt of the proposed separation, consulted with counsel, and waived her attendant rights.

The separation action was approved and on 15 August 1995 the applicant was discharged with an honorable characterization of service.  She received more than $5000.00 in separation pay as a result of her involuntary separation.

In July 1997, nearly 2 years after her honorable discharge, the applicant married.

Army Regulation 635-200, paragraph 5-8, provides for the involuntary separation of soldiers when their parental obligations interfere with fulfillment of their military responsibilities.  Specific reasons for separation because of parenthood include nonavailablility for worldwide assignment or deployment according to the needs of the Army because of an inadequate or non-existing family care plan.

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 evidence indicates that the applicant was unavailable for worldwide assignment or deployment because of her inability to provide a working family care plan for her four minor children at the time action was initiated by her commander to involuntarily separate her from active duty.

2.  The Board notes that there is no evidence of error or injustice in the applicant's separation and that fact that she is now married does not invalidate the original basis for her 1995 separation action.

3.  While the Board concludes that reinstatement is not appropriate, the applicant should be advised that she might wish to contact her local recruiting office to determine if she is eligible to reenlist.  

4.  However, the applicant should also be aware that her inability to secure a reenlistment is also not a basis to conclude that her separation was in error or unjust either.

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 that 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   _  __LE ___  __TL____  DENY APPLICATION

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

INDEX

CASE ID	AR2002068587	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.