1. Applicant's Name: a. Application Date: 13 October 2015 b. Date Received: 19 October 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, her discharge was due to not having a valid Family Care Plan. The applicant contends that an upgrade will allow her to receive VA benefits. In a records review conducted at Arlington, VA on 12 April 2017, and by a 5-0 vote, it appears that the characterization of service was improper. The record confirms that the applicant was not properly notified of the specific factors in the service record that warranted such a characterization. The record shows the proper discharge and separation authority procedures were not followed in this case. Therefore, the characterization of service being improper, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the reason for discharge was found to be proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Parenthood / AR 635-200 / Chapter 5, Paragraph 5-8 / JDG / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 May 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 March 2004 (2) Basis for Separation: The applicant failed to acquire a valid Family Care Plan. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, undated (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 April 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 January 2003 / 4 years b. Age at Enlistment / Education / GT Score: 22 / GED / 94 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 1 year, 4 months, 3 days d. Prior Service / Characterizations: RA, 23 April 1998 to 18 September 1998 / UNC e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 26 January 2003, for without authority, absented herself from her place of duty at which she was required to be (29 October 2003); willfully disobey a NCO on four occasions (26 November, 8 December, 9 December, and 11 December 2003); being disrespectful in deportment toward SGT P.S. and SSG. M.F. on two separate occasions (29 October and 12 December 2003); violated a lawful order on two separate occasions (15 December 2003); unlawfully strike SPC. A.B. in the head with her fists (5 December 2003); make and utter to Schofield Barracks Child Development Center a certain check and did thereafter dishonorably fail to maintain sufficient funds in the Fort Riley National Bank for payment of such check in full upon presentment for payment (16 December 2003). The punishment consisted of a reduction to E-2, extra duty, and restriction for 14 days. A negative counseling statement for failing to follow instructions. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA Form 21-4138; birth certificate, with certification; and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant she is a law student. 7. REGULATORY CITATION(S): 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, using the notification procedure, of the specific factors in his/her service record that warrant such a characterization. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a characterization of service of general (under honorable conditions) under this Chapter unless the Soldier is notified of the specific factors in the service record which warrants such a characterization, using the notification procedure. The record confirms the applicant was not properly notified as to these factors. The discharge was not consistent with the procedural and substantive requirements of the regulation; however, it was within the discretion of the separation authority and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 12 April 2017, and by a 5-0 vote, it appears that the characterization of service was improper. The record confirms that the applicant was not properly notified of the specific factors in the service record that warranted such a characterization. The record shows the proper discharge and separation authority procedures were not followed in this case. Therefore, the characterization of service being improper, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the reason for discharge was found to be proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150016758 1