Applicant Name: ????? Application Receipt Date: 2010/06/03 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "5–1. Characterization of service or description of separation. a. Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable. My Discharge was was a chapter 5-8 Involuntary separation due to parenthood due to this I am requesting that my character of service be upgraded to Honorable." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 091216 Discharge Received: Date: 100801 Chapter: 5-8 AR: 635-200 Reason: Parenthood RE: SPD: JDG Unit/Location: B Co, 188th Bde Spt Bn, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 091007, without authority, left her appointed place of duty (090927); and without authority, failed to go at the prescribed time to her appointed place of duty (090928); reduction to E-1, and forfeiture of $699 pay x 2 months (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 28 Current ENL Date: 080331 Current ENL Term: 04 Years ????? Current ENL Service: 02 Yrs, 00 Mos, 01 Days ????? Total Service: 02 Yrs, 03 Mos, 27 Days ????? Previous Discharges: RA-010824-011229/UNC Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 94F10 Computer Detection Systems Repairer GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: Port Saint Lucie, FL Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 December 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-8, AR 635-200, by reason of parenthood, for her inability to provide an adequate family care plan, and failing to repair x 2 (090927), (090928), with a general, under honorable conditions discharge. She was advised of her rights. 15 December 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 14 January 2010, the separation authority waived further rehabilitative efforts and directed the applicant be discharged from active duty and not transferred to the Individual Ready Reserve(IRR), with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-8 provides that a Soldier may be separated when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army. Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, general under honorable conditions or an uncharacterized description of service if in entry-level status. No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review and the issues submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable. This recommendation was made after full consideration of the applicant's faithful and honorable service, as well as the record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. The analyst determined that the length of the applicant's service, and the nature of the offenses mitigated the discrediting entries in the service record. Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 February 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Online Application, dated (1005260. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. Further, by the misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 1 No change 4 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100015898 ______________________________________________________________________________ Page 3 of 3 pages