MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:               21 November 2002
	DOCKET NUMBER:      AR2002073971

	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			
	Ms. Antoinette Farley		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:  In effect, that her reason for discharge be changed from sole parent to due to hardship.  

APPLICANT STATES:  That she had to end her term of service due to a hardship.  In support of her claim she also submits a copy of her DD Form 
214 (Certificate of Release or Discharge from Active Duty) dated 5 November 1984.

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

On 27 July 1983, she enlisted in the Regular Army for a period of 3 years.  
She completed her military training and was awarded military occupational specialty (MOS) 71D10 (Assistant Legal Clerk).  On 14 December 1983, she was transferred to Fort Campbell, Kentucky for duty in her MOS. 

On 7 September 1984, the applicant underwent a mental status evaluation and was cleared for administrative separation.  

On 4 October 1984, she submitted a DA Form 4187 (Personnel Action) requesting separation under the provisions of Army Regulation 635-200, paragraph 6-3, b(2), for a hardship discharge due to being a sole parent. The unit commander recommended approval of her request, based on family difficulties, as supported by her being counseled on several occasions and her presenting evidence of a dependency hardship.

On 9 October 1984, the separation authority approved the recommendation and directed the issuance of an Honorable Discharge Certificate and transfer to the Individual Ready Reserve (IRR) for completion of service. 

On 9 November 1984, the applicant was released under honorable conditions from active duty and transferred to the USAR under the provisions of Army Regulation 635-200, chapter 6, as a sole parent. She had completed a total of 1 year, 3 months and 13 days of active military service.  She had no recorded lost time.  The entry listed in Item 28 (Narrative Reason for Separation) of the applicant’s DD Form 214 is “Sole Parent”.  

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 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.  

Paragraph 6-3, b(2) of that regulation shows that a hardship was incurred while on active duty and that the overall reason for separation is because of being a sole parent.  An application for such separation will be approved when a service member can substantiate 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.  

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the regulatory authority authorizing the separation, will be entered in item number 25 of the DD Form 214.  Item number 28 will contain the narrative reason for separation, as shown in Army Regulation 635-5-1 based on the regulatory authority.  
The narrative reasons for separation are shown in Appendix A of Army Regulation 635-5.  

There is no record that she ever submitted a request for review of her discharge by the Army Discharge Review Board within that board’s 15-year statute of limitations.

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 Board notes that the applicant requested to be separated under the provisions of Army Regulation 635-200 paragraph 6-3b(2) for a hardship discharge because of being a sole parent.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors.  Therefore, the Board concludes that there is no basis to change the narrative separation on her DD Form 214.

2.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  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 therefore, has failed to submit evidence that would satisfy this requirement.

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

_  FNE __  __ LE_          TL           DENY APPLICATION

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

INDEX

CASE ID	AR2002073971	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021121	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1984.11.09	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	SOLE PARENT CH 6	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A110.0200	
2.		
3.		
4.		
5.		
6.