ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 August 2019

	DOCKET NUMBER:  AR20170000785


APPLICANT REQUESTS:  his DD Form 214 (Certificate of Release or Discharge from Active Duty) block 25 (Separation Authority) changed from paragraph 5-8 to paragraph 6 and block 28 (Narrative Reason for Separation) changed from parenthood to hardship/dependency

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* self-authored letter
* Letter from his ex-wife X
* DD Form 214 Worksheet

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 he was the sole caretaker for his children when his then wife abandoned them at Fort Drum, New York.  His wife decided to go back to the state of Washington, because she struggled to find employment at Fort Drum.  After his wife’s departure, he was able to implement his short term family care plan; however, he had no long term family care plan in place.  

3.  The applicant provides a self-authored statement, which states:

     a.  He joined the Army on 9 April 2002, graduated from Basic Combat Training and the Advanced Individual Training.  He received orders to report to Fort Drum, New York in August 2002, so he went back to Washington State, packed up his family and drove to Fort Drum.  He was an outstanding squared away Solder.  He loved the Army life and was planning on an Army career.  

     b.  On 26 November 2002, he picked up his kids from daycare and when he got home there was a letter on the kitchen table from his wife.  The letter read:  “I am leaving you and the kids at Fort Drum because she is struggling to find a job and to adapt to Army life.  So, she is going back to Washington State.”  

     c.  At this point, he needed a long-term family care plan and all his family members reside in his home state.  Without a long-term family care plan he could not attend field training exercises or even deploy.  He had no other resources.

     d.  The applicant also provides a letter from his ex-wife X., who admits, due to multiple stressors and discord in their relationship, she decided to separate from the applicant against his wishes.  On 26 November 2002, she packed a few belongings and drove back to Washington State and stayed with her father.  She told him that she needed him to take care of the children while she looked for employment and set up a new household.  She had no idea how long that process would take and due to the lack of communication and hostility between them, she was unaware of his childcare difficulties and separation from the Army.

4.  A review of the applicant’s service record shows:

a.  He enlisted in the Regular Army on 9 April 2002.

b.  On 5 February 2003, he signed DD Form 2648 (Preseparation 
Counseling Checklist).

c.  The applicant’s record is void of the complete facts and circumstances that led to 
his separation.  However, his DD Form 214 shows he was discharged in accordance with Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), Chapter 5 (convenience of the government), paragraph 5-8 (involuntary separation due to parenthood) and was issued an honorable discharge.  He completed 11 months and 4 days of net active service with no lost time.  He was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification badge with rifle Bar
* Marksman Marksmanship Qualification badge with Hand Grenade Bar
* Army Lapel Button

5.  There is no evidence the applicant has applied to the Army Discharge Review Board for an upgrade of his discharge.
6.  By regulation, enlisted personnel may be discharged, released from active duty or active duty for training, or released from military control, for the convenience of the government with service characterized as honorable or under honorable conditions, as appropriate.
7.  The Board should consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  Although the complete administration separation action was not available for review, the Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity.  Based upon the preponderance of the evidence, the Board agreed the situation in which he was discharged for was not considered a hardship under regulatory guidance, and the separation authority and reason for separation were warranted.  

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 (Personnel Separations Enlisted Separations), in effect at time, provides for the separation of enlisted personnel.

a. Paragraph 3-7a (Honorable discharge) states that an honorable discharge is a
separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. 

	b.  Paragraph 3-7b (General discharge) states a general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.

	c.  Paragraph 5-8 (Involuntary Separation Due to Parenthood) states 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, repeated tardiness, inability to participate in field training exercises or perform special duties such as CQ and staff duty (noncommissioned officer (NCO) and non-availability for worldwide assignment or deployment according to the needs of the Army.

	d.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for types of separation from active duty.  The "JDG SPD code is the correct code for Soldiers separating under paragraph 14-12c of Army Regulation 635-200 by reason of parenthood.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170000785


3


1