ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    6 May 2019

	DOCKET NUMBER:  AR20160015000


APPLICANT REQUESTS:  A change to her narrative reason for separation.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for The Review of Discharge From The Armed Forces of The United States)
* Separation Orders
* Enlisted Record Brief (ERB)
* DA Form 2-1 (Personnel Qualification Record)
* Servicemembers’ Group Life Insurance Election and Certificate
* Marriage Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states she was wrongfully discharged.  Her sergeant was very biased to her and her sergeant in charge of the clinic was cruel and abused his rank.  The applicant was told by her sergeant that it didn’t matter if her discharge code was not correct, they could put her out under any reason.  Her reason for discharge was unjustified, lies and destroyed her military career.  She was married while on active duty.

3.  The applicant provides a marriage certificate showing date of marriage to be 30 July 1997.

4.  Review of the applicant’s records shows;

	a.  She enlisted in the Regular Army on 7 December 2000.

	b.  The facts and circumstance surrounding the applicant’s discharge are not available for review; however, her DD Form 214 confirms she was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8 (parenthood), and her service was characterized as honorable.  She completed 8 months and 11 days of active service during this period of service.  Her DD Form 214 further shows in:

* Item 25 (Separation Authority) – the entry "AR 635-200, Chap 5-8"
* Item 26 (Separation Code) – the entry "JDG" (Parenthood)
* Item 27 (Reentry Code) – the entry "3"
* Item 28 (Narrative Reason for Separation) – the entry "Parenthood"

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-8 of this regulation provides for the involuntary separation of Soldiers when parental obligations interfere with fulfillment of military responsibilities.  Separation processing may not be initiated under this paragraph until the Soldier has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them.
6.  By regulation (AR 635-5-1), Soldiers separating under the provisions of chapter 5-8 of AR 635-200 are assigned the Separation Code “JDG” which signifies parenthood. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record of the applicant, the Board found insufficient evidence to show there was an error or injustice which would warrant making a change to the narrative reason for separation.  For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-8 of this regulation provides for the involuntary separation of Soldiers when parental obligations interfere with fulfillment of military responsibilities.  Separation processing may not be initiated under this paragraph until the Soldier has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them.  It prescribes procedure for separation because of inability to perform prescribed duties, repeated absences, or nonavailability for worldwide assignment as a result of parenthood.

3.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.  Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization.






ABCMR Record of Proceedings (cont)	 AR20160015000


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