ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20180012629 APPLICANT REQUESTS: In effect, a change in her DD Form 214 (Certificate of Release or Discharge from Active Duty) block 28 (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 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 (ABCMR) 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 upon discharge she was told it was for hardship. She would therefore be eligible to apply/receive for Department of Veterans Affairs (VA) home loan when she was ready. She is at a point where she wants to purchase a home and was told her discharge should be hardship to qualify for a VA home loan. 3. A review of the applicant’s service records shows the following: a. She enlisted in the Regular Army on 5 July 2001. b. The complete facts and circumstances surrounding her discharge are not available for review. There is no separation packet in her records. c. Her DD Form 214 shows she was honorably discharged under the provisions of Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel) paragraph 5-8 (Parenthood) on 10 May 2002. She completed 10 months and 6 days of active service. She was assigned Separation Code "JDG." 4. By regulation, AR 635-200, in effect at time, provides for the separation of enlisted personnel. 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. 5. By regulation (AR 635-5-1), the Separation Coe "JDG" applies to Soldiers separating from active duty due to parenthood. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon a review of the documentary evidence provided by the applicant and found within the military service record, the Board found no error or injustice; however, the Board concluded to grant relief based upon assisting the applicant in any further endeavors by changing the narrative reason to hardship. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing the narrative reason for separation to “Hardship”. X 3/11/2020 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 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 (Personnel Separations Enlisted Separations), in effect at time, provides for the separation of enlisted personnel. a. 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. b. Paragraph 6-3, states 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), states 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. 3. 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 involuntarily discharged under paragraph 5-8 of Army Regulation 635-200 by reason of parenthood. NOTHING FOLLOWS