1. Applicant's Name: a. Application Date: 14 May 2016 b. Date Received: 23 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, she received unfair treatment in regards to her childcare providers. She could have continued training, if her command would have accepted her childcare providers. She was given 30 days to provide new childcare providers in order to continue training. She found three people who were willing to care for her children full time. Those people all agreed to care for her children while she completed her training. While she was deployed her command spoke to her potential childcare providers and rejected them. The only reason given for their rejection was that "they sound ghetto." She states that she was willing and able to complete her training and tour of duty, but she could not because of this unreasonable rejection. The applicant requests a change of the narrative reason, because she was trying to recover from a service related injury and surgery and that injury resulted in her receiving a 50 percent service-connected disability and continued secondary health problems. Additionally, her chain of command recommended that she receive an honorable discharge. The applicant states that she suffered from an abdominal injury/condition that caused severe pain, bleeding and prevented her from continuing training without surgical intervention. At the time of her discharge, she was trying to recover from surgery and she continued have abdominal pain, rectocele and another abdominal surgery. She states the VA has rated 50 percent service-connected disability for her injury. She was discharged for parenthood issues, but, she offered childcare providers willing to care for her children. Therefore, parenthood should not have been the reason, instead the only other reason for the discharge at that time would have been for her service incurred injury. In a records review conducted at Arlington, VA on 2 August 2017, and by a 5-0 vote, the board determined that the characterization of service is improper. The record indicates the command failed to properly notify the applicant in accordance with Chapter 5 procedures of any specific factors which would warrant a general (under honorable conditions) characterization of service. Therefore, the characterization being improper the Board granted relief in the form of an upgrade to the characterization of service to "Honorable." The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Parenthood / AR 635-200 / Chapter 5-8 / JDG / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 May 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 May 2009 (2) Basis for Separation: The applicant was informed of the following reasons: In accordance with AR 600-20, she failed to maintain a working family care plan. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 7 May 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 May 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 September 2008 / 6 years b. Age at Enlistment / Education / GT Score: 30 / 2 years college / 114 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 7 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Personnel Action form, dated 22 April 2009, verified that the applicant was being involuntarily separated under chapter 5-8. Email, dated 22 April 2009, reflects the applicant called her unit to speak with her commander. The applicant wanted a guarantee that she would be home in time to pick up her kids when the returned home on the bus. She stated she would not come in until she was sure she could be there to receive her children. Developmental Counseling Form, dated 27 April 2009, for failing to obey an order or to report to work on 22 April 2009 and remained absent until 27 April 2009. FG Article 15, dated 7 May 2009, for being AWOL (between 22 and 27 April 2009). The punishment consisted of a reduction to E-2 (suspended); and, forfeiture of $366 pay (suspended). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 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. 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 "JGD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-8, Parenthood. 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. The applicant's involuntary separation was appropriate since the command determined that her parental obligations interfered with the fulfillment of military responsibilities and she was properly informed as to the specific factors in her service record that would warrant such a characterization. The applicant contends the narrative reason for the discharge should be changed because she suffered an injury and was trying to recover at the time of her discharge. However, the applicant was separated under the provisions of Chapter 5, paragraph 5-8, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Parenthood," and the separation code is "JDG." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of her discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during her discharge processing that would have warranted her separation processing through medical channels. The applicant contends her family care plan was rejected because her chain of command said the person the applicant listed in the plan sounded "ghetto" when they spoke to them. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service record. The discharge was consistent with the procedural and substantive requirements of the regulation, 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 2 August 2017, and by a 5-0 vote, the board determined that the characterization of service is improper. The record indicates the command failed to properly notify the applicant in accordance with Chapter 5 procedures of any specific factors which would warrant a general (under honorable conditions) characterization of service. Therefore, the characterization being improper the Board granted relief in the form of an upgrade to the characterization of service to "Honorable." The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160009779 1