ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  29 June 2019

	DOCKET NUMBER:  AR20170005279


APPLICANT REQUESTS: to change his narrative reason for separation from parenthood to hardship.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* 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 his ability to serve was impaired because of marital, family and child care problems.  His average conduct and efficiency ratings, behavior and proficiency marks were good during his service.  His record of promotions shows that he was a good service member.  He wasn't educated on the different types of reasons for separations at the time of his discharge.  He recently tried to get a veteran affairs (VA) home loan certificate of eligibility and was denied.  He has used other benefits without any issues until now, so he had no reason to request a change or upgrade to his DD Form 214.  After being educated on the different types of separations, he was told that he falls under a hardship for the reason he separated.  Under the parenthood separation, he does not qualify for the VA certificate of eligibility.  Due to the fact that his spouse abandoned him and their children overnight and without notification, it left him to fend for himself with no family care plan.

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

	a.  He enlisted in the Regular Army on 2 May 2001.  He was assigned to Fort Bliss, TX. 

	b.  The facts and circumstances surrounding his discharge are unavailable for the Board to review.  However, his service records contain: 

		(1)  Orders 060-0017, dated 1 March 2002 shows the applicant was released from active duty, not by reason of physical disability, and assigned to the U.S. Army Reserve Control Group (Annual Training), Army Reserve-Personnel Command, St. Louis, MO.  

		(2)  On 7 March 2002, he was honorably released from active duty.  His DD Form 214 shows he completed 10 months and 6 days of active service.  It also shows in:

* item 25 (Separation Authority), Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8
* item 26 (Separation Code), LDG
* item 28 (Narrative Reason for Separation), Parenthood

4.  By regulation, (AR 635-200), paragraph 5-8 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.

5.  For item 25 (Separation Authority), enter the regulatory or other authority cited in the directives authorizing the separation as outlined in AR 635-5 (Personnel Separations – Separation Documents).

6.  The separation code “JDG” will be used for separation of enlisted personnel for parenthood as outlined in AR 635-5-1 (Separation Program Designator Codes).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board concluded that relief was not warranted.  Based upon the applicant failing to provide corroborating evidence to show that the narrative reason of his separation is impacting his ability to use VA benefits, the Board concluded that there was insufficient evidence to show that a change was 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 (AR) 635-200 (Active Duty Enlisted Administrative Separations), in effect at the time, sets for the basic authority for the separation of enlisted personnel.  Paragraph 5-8 governs involuntary separation due to parenthood.  It states separation under this chapter is for the convenience of the Government.  Soldiers will be considered for involuntary separation 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, repeated tardiness, inability to participate in field training exercises or perform special duties such as charge of quarters and staff duty noncommissioned officer and non-availability floor worldwide assignment or deployment according to the needs of the Army.  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.

3.  AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the policies and procedures for the preparing and distribution of the 
DD Form 214.  It states for item 25 (Separation Authority), enter the regulatory or other authority cited in the directives authorizing the separation.

4.  AR 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, prescribes the SPD codes and authorities and reasons for separation from active duty.  It states, in pertinent part, the regulatory authority of AR 635-200, paragraph 5-8 with the narrative reason of parenthood will have an SPD code of JDG.

ABCMR Record of Proceedings (cont)	AR20170005279


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