IN THE CASE OF: Ms. BOARD DATE: 4 March 2015 CASE NUMBER: AR20140005376 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation which follows, the Board determined the narrative reason for the applicant’s discharge is now inequitable based on the current standard. The evidence of record shows the applicant was discharged for a failed Family Care Plan with an honorable characterization of service. The Board determined there were mitigating circumstances surrounding the applicant’s discharge. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant’s discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF. 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 the narrative reason of her discharge. 2. The applicant states, in effect, she would like the narrative reason for her discharge changed to read “parenthood.” She states, her family care plan failed and at the time she was asked to deploy however, her daughter was 8 months old and her spouse was deployed for a third time. She contends, her mother, whom she relied on for her family care plan, had full knee replacement surgery and was unable to care for her daughter, her father worked full-time as a small business owner, and her in-laws were in similar situations where they could not assist with the care of her child. She states, her family care plan was valid and she was prepared to deploy however, after her mother’s health changed she could not secure an acceptable family care plan. She requested to deploy but was denied and discharged from the Army. She requests her reason for separation be changed to “KDG” for parenthood. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 March 2014 b. Discharge Received: Honorable c. Date of Discharge: 17 December 2003 d. Reason/Authority/SPD/RE Code: Unacceptable Conduct e. Unit of assignment: Headquarters Company, 101st Corps Support Group, Fort Campbell, KY f. Current Enlistment Date/Term: 19 August 2000/4 years g. Current Enlistment Service: 3 years, 3 months, 29 days h. Total Service: 3 years, 3 months, 29 days i. Time Lost: None j. Previous Discharges: USAR, 970926-000818, NA (Cadet) k. Highest Grade Achieved: O-2 l. Military Occupational Specialty: 92A5P, Quartermaster General m. GT Score: NA n. Education: Bachelors Degree o. Overseas Service: Germany p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: Yes s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 19 August 2000, for a period of 4 years. After successfully completing Reserve Officer Training Corps (ROTC), she was commissioned as a second lieutenant. She was 22 years old at the time of entry and a college graduate. The applicant’s record shows no acts of valor or meritorious achievements. She served in Germany and completed 3 years, 3 months, 29 days of active duty service. When her discharge proceedings were initiated, she was serving in Fort Campbell, KY. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 25 August 2003, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b (3) and (8), AR 600-8-24, by reason of misconduct, moral or professional dereliction. 2. The applicant was directed to show cause for retention on active duty based on the following specific reasons for elimination. Specifically, she mismanaged her personal affairs that were unfavorably affecting her performance of duty, in that she failed to provide a family care plan in accordance with AR 600-20, paragraph 5-5; and for conduct unbecoming an officer. She was advised that she could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry. 3. The record is void of the date the applicant appeared with counsel before a Board of Inquiry (Show Cause Board). The applicant and her counsel submitted a rebuttal statement in her behalf. However, the record reflects the applicant received a Memorandum of Reprimand, dated 5 June 2003, for failing to provide a family care plan. 4. The DA Ad Hoc Review Board recommended the applicant’s elimination action be accepted with issuance of an honorable discharge. 5. The Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of honorable. 6. The applicant was discharged from the Army on 17 December 2003, with a characterization of service of honorable. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Separation (Probationary) message, dated 2 December 2003, reflects the Deputy Assistant Secretary (Army Review Boards), approved the applicant’s elimination. The message reflects the applicant would be issued an honorable discharge and a SPD code of JNC. 2. A memorandum of reprimand, dated 5 June 2003, reflects the applicant was reprimanded for failing to provide a family care plan in accordance with AR 600-20, paragraph 5-5. 3. Four OERS covering February 2001 through 17 December 2003. On two reports the applicant was rated as having “Outstanding Performance” and on two reports she had “Unsatisfactory Performance.” Her senior raters assessed her on two reports as being “Best Qualified/Center of Mass” and on the remaining reports, she was rated as “Do not Promote/Below Center of Mass/Do not Retain.” 4. Rebuttal to Officer Elimination to the Assistant Secretary of the Army (M&RA) dated 18 September 2003. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 19 March 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her application. REGULATORY AUTHORITY: 1. Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. 2. AR 600-8-24, paragraph 1-22a, provides that an officer will normally receive an honorable characterization of service when the quality of the officer’s service has met the standards of acceptable conduct and performance of duty. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. 3. A general under honorable conditions characterization of service will normally be issued to an officer when the officer’s military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A separation under honorable conditions will normally be appropriate when an officer submits an unqualified resignation or a request for relief from active duty under circumstances involving misconduct which renders the officer unsuitable for further service, unless an under other than honorable conditions separation is appropriate. 4. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct. 5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating officers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JNC" as the appropriate code to assign officers who are discharged under the provisions of Army Regulation 600-8-24, paragraph 4-2b, for unacceptable conduct. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the narrative reason for her discharge was carefully considered. However, after examining the applicant’s record of service, and the issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for the applicant's discharge. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating officers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JNC" as the appropriate code to assign officers who are discharged under the provisions of Army Regulation 600-8-24, paragraph 4-2b, for unacceptable conduct. 3. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the unacceptable conduct or poor duty performance. Further, the applicant’s record contains no evidence of arbitrary or capricious actions by the command. It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant contends her SPD code and reason should reflect “KDG” for parenthood. However, the SPD code “KDG” is for enlisted Soldiers voluntarily discharged for parenthood under the provisions of AR 635-200, paragraph 6-3b (1) or (2). The applicant was involuntarily discharged from the military with the appropriate SPD code of “JNC.” The applicable regulation does not provide for any further deviation. 5. The records show the proper discharge and separation authority procedures were followed in this case. Therefore, the reason for discharge and characterization of service being both proper and equitable, recommend the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation, the Board determined the narrative reason for the applicant’s discharge is now inequitable based on the current standard. The evidence of record shows the applicant was discharged for a failed Family Care Plan with an honorable characterization of service. The Board determined there were mitigating circumstances surrounding the applicant’s discharge. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant’s discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 4 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA Reason Change: 3 No Change: 2 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: NA Change Reason to: Secretarial Authority Change Authority for Separation: AR 600-8-24, Chapter Change RE Code to: NA Grade Restoration to: NA Other: Separation Program Designator (SPD) code to MFF. 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) AR20140005376 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1