IN THE CASE OF:	

      BOARD DATE:	20 May 2015

      CASE NUMBER:	AR20140007693
___________________________________________________________________________

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 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 to change the separation code of his discharge.

2.  The applicant states, in effect, the separation code should be changed because he is service-connected disabled.  The separation code caused him to pay back his separation pay.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	28 April 2014
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	4 October 2007
	d.	Reason/Authority/SPD/RE Code:	Parenthood, AR 635-200, Paragraph 5-8, JDG, RE-3
	e.	Unit of assignment:	3rd Heavy BCT (Rear) (Provisional), 1st Cavalry 
			Division (Rear) (Provisional), Fort Hood, TX
	f.	Current Enlistment Date/Term:	2 February 2006, 6 years
	g.	Current Enlistment Service:	1 year, 8 months, 3 days
	h.	Total Service:	9 years, 2 months, 4 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (980731-010731) / HD
			RA (010801-060201) / HD
	k.	Highest Grade Achieved:	E-5
	l.	Military Occupational Specialty:	11B20, Infantryman
	m.	GT Score:	122
	n.	Education:	HS Graduate
	o.	Overseas Service:	Korea, SWA
	p.	Combat Service:	Iraq (031015-041028), (061002-070818)
	q.	Decorations/Awards:	ARCOM-3; AAM; AGCM-2; NDSM; ICM; GWOTEM; 
			GWOTSM; KDSM; ASR; OSR-3; JMUA; VUA; CIB
	r.	Administrative Separation Board: 	No, unconditionally waived
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 31 July 1998, and reenlisted twice thereafter.  The latter reenlistment was on 2 February 2006, for a period of 6 years.  He was 21 years old at the time of entry and had a high school equivalency (GED).  He was trained in and awarded military occupational specialty (MOS) 11B20, Infantryman.  His record documents no acts of valor or significant achievement.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 13 September 2007 (as acknowledged by the applicant), 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 failure to maintain an adequate family care plan, with an honorable discharge.  

2.  The record also shows on 4 September 2007, the applicant indicated he was unable to validate his family care plan and understood it would result in his separation from the Army.  He was advised of his rights.  

3.  On 17 September 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  

4.  On 19 September 2007, the separation authority directed the applicant’s discharge from active duty with an honorable characterization of service.

5.  The applicant was discharged from the Army on 4 October 2007, with an honorable characterization of service.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A counseling statement, dated 4 September 2004, for the requirement of maintaining a valid family care plan and being informed that failing to maintain a valid plan may be grounds for separation. 

2.  Family Care Plan Counseling Checklist and initialed Family Care Plan documents, dated 5 September 2007, indicate the applicant acknowledged being counseled.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review and a VA rating decision letter, dated 11 January 2010.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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 "JDG" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-8, parenthood.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JDG" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request to change the separation code of his discharge was carefully considered.  However, after examining the applicant’s record of service, his available military records, and the documents and issues submitted with the application, there are insufficient mitigating factors that would merit a change to the separation code.  

2.  The applicant was discharged for his inability to perform prescribed duties due to parenthood under the provisions of Chapter 5, AR 635-200.  This involuntary separation was appropriate since the command determined the applicant’s parental obligations interfered with the fulfillment of military responsibilities and he was properly informed that his service would be characterized as honorable. 

3.  The applicant contends he is service-connected disabled and the separation code should be changed because it is no longer a valid code.  However, 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 "JDG" 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.  As such, the separation code that corresponds with the narrative for his discharge has no bearing on his service-connected disabled status. The rationale the applicant provided as the basis for what he believes was an unjust discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 

4.  The record confirms all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.  

5.  Therefore, the reason for discharge being proper and equitable, recommend the Board deny relief.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  20 May 2015     Location: Washington, DC

Did the Applicant Testify?  NA

Counsel:  None

Witnesses/Observers:  NA

Board Vote:
Character Change:  0	No Change:  5
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:	No Change
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)		AR20140007693

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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