IN THE CASE OF: Ms. BOARD DATE: 5 December 2014 CASE NUMBER: AR20140001595 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the narrative reason for discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests a change to her narrative reason for discharge. 2. The applicant states, in effect, that her narrative reason for discharge should be changed to hardship because she was discharged as a result of not being able to have someone care for her newborn. She contends that because dual military, it caused a hardship on her because she was unable to finish her tour. She believes she should have been discharged under reasons of a hardship. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 January 2014 b. Discharge received: Honorable c. Date of Discharge: 20 November 1999 d. Reason/Authority/SPD/RE: Parenthood, Chapter 5, paragraph 5-8, AR 635-200 LDG, RE-3 e. Unit of assignment: HHC, 215th SPT Bn, Fort Hood, TX f. Current Enlistment Date/Term: 5 May 1998, 3 years g. Current Enlistment Service: 1 year, 6 months, 16 days h. Total Service: 3 years, 10 months, 21 days (based on documents found in the available record) i. Time Lost: None j. Previous Discharges: USAR-960116-980504/NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 71L10, Administrative Specialist m. GT Score: 104 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: ASR, ARCOTR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The evidence in the record shows the applicant enlisted in the United States Reserve on 16 January 1996 for a period of 8 years. On 5 May 1998, she enlisted in the Regular Army for a period of 3 years. She was 20 years old at the time of enlistment and a high school graduate. She was serving at Fort Hood, TX when her discharge was initiated. The record does not contain any evidence of acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However, the applicant’s service record contains a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. 2. The DD Form 214 indicates that on 20 November 1999, the applicant was involuntarily discharged under the provisions of Chapter 5-8, AR 635-200 by reason of parenthood, with an honorable characterization of service. 3. On 13 October 1999, Orders 286-0227, DA, HQ, III Corps and Fort Hood, Fort Hood, TX, discharged the applicant from the Regular Army, effective 20 November 1999. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: There are no negative counselings, or actions, under the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 14 January 2014, a self-authored letter, a copy of her separation order, dated 13 October 1999, DD Form 2366, DA Form 2-1, SGLV-8286, DD Form 2648, DD Form 2648, child's birth certificate, court order, dated 27 October 1999 (12 pages), and a copy of her DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None were provided with the application. REGULATORY AUTHORITY: 1. 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. 2. 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. 3. No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified, using the notification procedure, of the specific factors in his/her service record that warrant such a characterization. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "LDG" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-8, for parenthood. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "LDG" will be assigned a RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to her narrative reason for discharge was carefully considered. However, after a careful review of the applicant’s available military records and the issues and documents submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-8 by reason of parenthood, with a characterization of service of honorable. 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "LDG" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-8, for parenthood. The regulation further stipulates that no deviation is authorized. 4. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 5. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that her discharge was a result of a hardship. 6. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 7. Therefore, based on the available evidence and the presumption of government regularity in the discharge process, it appears the narrative reason for discharge is both proper and equitable, and thus the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 5 December 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: NA Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140001595 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1