Applicant Name: ????? Application Receipt Date: 2011/10/04 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was married to another Soldier who gave birth to their son who had health issues. He knew that one of them had to get out of the Army because their child did not qualify for child care. He chose to be the one to get out. After completing basic training and AIT he was deployed to Iraq in support of the 10th Special Forces Group, earned a Combat Action Badge and an ARCOM. Later he was deployed to Iraq for a second time and suffered a head injury that still affects him today. He does not qualify for the GI Bill because he requires an honorable characterization of service. He would like to attend college and earn a degree to better support his family. 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: NIF Discharge Received: Date: 100619 Chapter: 5-8 AR: 635-200 Reason: Parenthood RE: SPD: JDG Unit/Location: B Co, 172d Bde Spt Bn, Schweinfurt, Germany Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 26 Current ENL Date: 070818 Current ENL Term: 5 Years ????? Current ENL Service: 02 Yrs, 10 Mos, 02 Days ????? Total Service: 05 Yrs, 03 Mos, 03 Days ????? Previous Discharges: RA 050317-070817/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 91B10/Wheel Veh Mech GT: NIF EDU: HS Grad Overseas: SWA, Germany Combat: Iraq x 2 (070310-071031 and 081127-091126) Decorations/Awards: ARCOM, AGCM, NDSM, ICM-CS, GWOTSM, ASR, OSR, CAB, MUC V. Post-Discharge Activity City, State: Columbia, SC Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However, the applicant provided his discharge packet which indicates that after being notified of initiation of separation under the provisions of Chapter 5, paragraph 5-8, AR 635-200, for parenthood, the battalion commander recommended approval with a characterization of service of fully honorable. The unit commander’s notification and the applicant’s election of rights are not contained in the official record and the analyst presumed government regularity in the discharge process. On 24 May 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. He was not transferred to the Individual Ready Reserve. 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 available military records, and the issue and documents submitted with the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to fully honorable on the basis of equity. Although the unit commander’s notification memorandum is not contained in the available records, the applicant provided documentation that indicates the battalion commander recommended that he be discharged from the Army with a fully honorable characterization of service. The analyst determined that the characterization of service was too harsh, and as a result it is inequitable. The analyst found the length and quality of the applicant's service to include his two tours in combat, his awards of the Army Commendation Medal and the Combat Action Badge and the absence of any negative counseling statements or UCMJ actions and the recommendation from the battalion commander, justified the award of a fully honorable characterization of service. The applicant completed over five years of continuous active duty service, achieved the rank of SPC/E-4, and earned several awards including an ARCOM and a CAB. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable on the basis of equity. However, the analyst determined 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: 28 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 214, chain of command's recommendations, numerous certificates and orders, and a self-authored statement. 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 characterization of service was too harsh, based on the overall length and quality of the applicant's service to include his combat service and the recommendation of the battalion commander and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it IX. Board Decision Board Vote: Character - Change 3 No change 2 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20110020316 ______________________________________________________________________________ Page 1 of 3 pages