MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           27 April 2000  
	DOCKET NUMBER:  AR1999029352

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of Item 28 (Narrative Reason for Separation) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show hardship vice parenthood which is now shown.  

APPLICANT STATES:  In effect, that she was released from the Army involuntarily when her unit was in the process of being scheduled for deployment and she had no one to care for her two children.  She was not pregnant as parenthood indicates on her DD Form 214.  Her recruiter told her that the Army would provide child care for her and that he failed to inform her that she could be deployed to a combat zone and be required to leave her children behind.  She states that she made every possible attempt to remain in the Army.  She pleaded with her commander and she contacted her senator.  She submits a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of a letter that was written to her senator requesting that he intervene and recommend that she be separated from the active Army, and a copy of her recruiter’s business card.

COUNSEL CONTENDS:  That the applicant was assured at the time of enlistment that she would not be deployed to a danger zone where she would not be able to take her two young children.  When she was scheduled for deployment to the Persian Gulf, she was unable to find adequate childcare and as a result of this she was involuntarily separated for parenthood.  Further, it appears that she should not be assigned to a Reserve Unit.

EVIDENCE OF RECORD:  The applicant's military records show:

That she enlisted in the Regular Army (RA) on 11 April 1995 for 3 years and training in military occupational specialty (MOS) 16T (Patriot Missile Crewmember). 

The available records indicate that the applicant was counseled on 
11 September and again on 11 October 1995 concerning her failure to provide a Dependent Care Plan for her two young sons age 5 and 7.  

On 12 October 1995, the unit commander notified the applicant of his intent to involuntarily separate her from active duty under the provisions of chapter 5, Army Regulation 635 200, for parenthood with an honorable separation.  He cited the reason for this action was that she had failed to provide an adequate family care plan in accordance with Army Regulation 600-20, after she had been given ample time.  He also stated that she clearly had no potential for useful service under conditions of full mobilization.

On 12 October 1995, the applicant was advised by legal counsel of the basis for the contemplated separation action and its effects, and the rights available to her. She authenticated a statement in which she acknowledged that she understood the ramifications of being involuntarily separated from active duty under the provisions of chapter 5, Army Regulation 635-200, due to parenthood.  She waived further representation by legal counsel.  She stated in a letter submitted in her own behalf that she had been given the false impression that she would not be deployed to hazardous duty areas because she was a single parent.  Her husband had left her without leaving a forwarding address shortly after she joined the Army.  Her parents had agreed to care for her children only until she completed training.   

On 16 October 1995, the applicant submitted a letter requesting approval for a separation under the provisions of chapter 5, Army Regulation 635 200, for separation due to parenthood.  She stated that “she would not be able to provide an adequate Dependent Care Plan, even if given an additional 
30 to 60 days.  She stated that her parents were care providers for her children and that they were no longer able to care for her children due to their recent illnesses.  She stated that she was no longer able to perform duties as Charge of Quarters (CQ), field training exercises, nor world deployment or assignments.”

On 20 October 1995, the separation authority approved the separation action and directed that the applicant be involuntarily separated under the provisions of chapter 5, Army Regulation 635 200, by reason of parenthood.

On 17 November 1995, the applicant was released from active duty under the provisions of chapter 5, Army Regulation 635-200, by reason of parenthood with an HD.  She had completed 7 months and 7 days of active military service. She had no recorded lost time or indisciplines.

On 30 March 2000, the Army Discharge Board denied the applicant’s request for a change in the narrative reason for separation.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-8, then in effect, provided the policy and outlined the procedures for involuntary separating individuals due to parenthood.  Soldiers will be considered for involuntary separation when parental obligations interfere with the 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 nonavailability for worldwide assignment or deployment according to the needs of the Army.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant's involuntary separation under the provisions of chapter 5, Army Regulation 635-200, due to parenthood was administratively correct and in conformance with applicable regulations then in effect. 

3.  The narrative reason for separation “parenthood” does not insinuate that the applicant was pregnant.  Soldiers are involuntarily separated for parenthood when parental obligations interfere with the fulfillment of military responsibilities, i.e. CQ duties, field training exercises, and worldwide deployment or other assignment obligations.

4.  Reserve unit assignments issues are not matters under the purview of this Board.  However, the applicant should contact her Reserve unit commander concerning this matter.

5.  In view of the foregoing, there is no basis for granting the applicant's request. 

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__eb____  ___tap__  __klw____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029352	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19951117	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	Parenthood	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	A94.00	
2.		
3.		
4.		
5.		
6.