ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20170009357 APPLICANT REQUESTS: His DD Form 214 (Certificate of Release or Discharge from Active Duty) block 28 (Narrative Reason for Separation) be changed from parenthood to hardship. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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, at the time in question, his wife was gone when he awoke. He had no way of getting in touch with her. She left their kids with him. He would report for physical training and work with his kids each day. He was eventually discharged. He is trying to get a Department of Veterans Affairs loan. 3. The applicant provides his DD Form 214 which shows he was released from active duty on 17 December 1999 by reason of parenthood. 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 5 February 1998. b. The applicant’s service records are void of any chapter documentation. c. He was honorably released from active duty on 17 December 1999 in accordance with Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel) paragraph 5-8 (Involuntary Separation due to Parenthood). His separation code is LDG for parenthood. 5. By regulation, AR 635-200 sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. AR 635-5 (Personnel Separations-Separation Documents) in effect at the time, states enter the narrative reason for separation as shown in AR 635-5-1 based on the regulatory or other authority. b. AR 635-5-1 (Personnel Separation-Separation Program Designator (SPD) Codes in effect at the time, states Soldiers separating under AR 635-200, para 5-8 are assigned Separation Code JDG or LDG narrative reason will be parenthood. Also AR 635-200, para 6-3a or b are assigned KDB and narrative reason will be hardship. 6. In reaching its determination, the Board can consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After review of the application and all evidence, the Board found relief is not warranted. The Board carefully considered the applicant’s contentions, his record of service, the absence of a separation packet, the reason for his separation and applicable policy. The Board found insufficient evidence to determined that his circumstances met regulatory guidance for a hardship discharge. Based on a preponderance of evidence, the Board determined that the applicant's reason for separation was not in error or unjust. 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. 11/13/2019 X CHAIRPERSON Signed by 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) 635-5 (Personnel Separations-Separation Documents) in effect at the time, states enter the narrative reason for separation as shown in AR 635- 5-1 based on the regulatory or other authority. 3. AR 635-5-1 (Personnel Separation-Separation Program Designator (SPD) Codes) in effect at the time, states Soldiers separating under AR 635-200, para 5-8 are assigned Separation Code JDG or LDG for narrative reason will be Inability to perform prescribed duties due to parenthood. Paragraph 6-3a or b are assigned KDB and narrative reason will be hardship. 4. AR 635-200 (Personnel Separations-Enlisted Personnel) sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 5-8 states 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, 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. b. Chapter 6 (Separation Because of Dependency or Hardship) paragraph 6-3, states that Soldiers of the Active Army and the Reserve Components may be discharged or released because of genuine dependency or hardship. The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. Under this provision for hardship discharge, parenthood of married service women and sole parenthood are the two conditions under which separation may be granted. c. Paragraph 6-3b(1), provides that a married Soldier who becomes a parent by birth, adoption, or marriage (stepparent) and whose child (or children) is less than 18 years of age and resides within the household, may apply for separation under hardship. The Soldier must submit evidence that the roles of parent and Soldier are incompatible and that the Soldier cannot fulfill his or her military obligation without neglecting the child or children. d. Paragraph 6-3b(2), provides that Soldiers who are sole parents, and whose children under 18 years of age reside within the household, may apply for separation under hardship. A “sole parent” is defined as a parent who is single by reason of never having been married, or is divorced or legally separated and has been awarded child custody by judicial decree or court order, or is a widow or widower. //NOTHING FOLLOWS//