IN THE CASE OF:  BOARD DATE:  14 January 2020 DOCKET NUMBER:  AR20190007707 


APPLICANT REQUESTS:  The applicant requests that that the narrative reason on her DD Form 214 (Certificate of Release or Discharge from Active Duty), item 28 (Narrative Reason for Separation) be corrected to reflect "hardship" vice "parenthood." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 293 (Application for the Review of Discharge from the Armed Forces ofthe United States)

.Self-Authored Statement

.DD Form 214 for period ending 1 May 1995



FACTS: 

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

2.The applicant states in her DD Form 149, DD Form 293, and self-authoredstatement:

(1)She was discharged early because she was unable to complete her family careplan.  She enlisted in the Army straight out of high school, during Operation Desert Storm.  She invested in the G.I. Bill and planned on going to college.  She was a good Soldier but a young one.  She met another Soldier whom she married and they soon started a family.  While she was pregnant, she received orders for Germany.  She was expected to be in Germany two weeks after the birth of her daughter and without her husband.  Her first sergeant and captain [commander] advised the applicant to request a deferment.  The deferment was denied.  They requested that her husband be transferred to Germany but it was denied as well.   

(2)The applicant was unable to complete her family care plan in case of adeployment.  Her father was deceased and her mother was caring for three small children, the applicant's siblings; therefore, her mother would not have been unable to 
pick her daughter up within the required period of 24 hours of receiving deployment orders.  Her husband's family was too poor and not physically able to care for an infant.  She had no choice but to get out of the Army.  Her discharge was considered a hardship situation but it was listed as parenthood on her discharge papers. 

(3)She did not realize that it disqualified her from being eligible for benefits.  Itwas not brought to her attention until she was recently applying for a VA loan to buy a house.  Her husband remained and the Army but they eventually divorced.  She never received any of her court ordered child support or any other benefits.  She raised her children on her own.  She received some injuries during her service that she received no benefits for. 

3.On 15 August 1993, at the age of 17 years old, the applicant enlisted in the RegularArmy for a term of 4 years.

4.On 24 February 1995, the applicant submitted an application for separation –hardship or dependency under Army Regulation (AR) 635-300, Chapter 6.  In herapplication she stated her and her husband were both in the military.  She felt sheshould stay at home with their daughter because she could not find an adequate childcare provider.  She submitted a DA Form 4187 (Personnel Action) along with herapplication, which read:  "Request Chapter 6, dependency/hardship discharge, [inaccordance with] 635-200, [paragraph] 6-3."  The chain of command recommendedapproval of the applicant's request and on 29 March 1995, the appropriate separationapproval authority approved the separation under AR 635-200, Chapter 6, paragraph 6-3, due to hardship/dependency.  He directed the applicant service be characterized ashonorable and she be transferred to the Individual Ready Reserve.

5.On 1 May 1995, the applicant was honorably released from active duty (REFRAD),accordingly.  She completed 1 year, 6 months, and 17 days of net active service thisperiod.  Her DD Form 214 shows:

.Item 25 (Separation Authority):  AR 635-200, paragraph 6-3b(1)

.Item 27 (Separation Code):  MDG

.Item 28 (Narrative Reason for Separation):  Parenthood



6.The applicant states she was discharged early because she was unable to completeher family care plan.  Her record shows she enlisted at the age of 17 years old and shevoluntarily requested discharge under AR 635-200, paragraph 6-3.  The type ofhardship separation, i.e., paragraph 6-3"b(1)" or "parenthood of married service women"was not mentioned in the applicant's separation documents, with the exception of theapplicant's DD Form 214 which was signed by the applicant.  She served 1 year,6 months, and 17 days of her 4 years contractual obligation.

7.AR 635-200, paragraph 6-3, in effect at the time, states Soldiers of the Active Armyand the Reserve Components may be discharged or released because of genuinedependency or hardship.  The regulation provides that hardship exists when, incircumstances 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 supportof the family by alleviating undue and genuine hardship.  Under this provision forhardship discharge, paragraph 6-3b(1), parenthood of married service women, andparagraph 6-3b(2), sole parenthood, are included in conditions under which separationmay be granted.  AR 635-200, currently in effect, provides for "parenthood of marriedSoldiers" instead of "parenthood of married service women."  Paragraph 5-3 states theseparation of enlisted personnel is the prerogative of the Secretary of the Army and willbe effected only by his authority.  The discharge or release of any enlisted member ofthe Army for the convenience of the Government will be at the Secretary’s discretionand with the type of discharge as determined by him.

8.AR 635-5-1 (Personnel Separations – Separation Program Designator (SPD)Codes), provided the narrative reason "parenthood" was the appropriate reason toassign enlisted Soldiers who were voluntarily released from active duty or transferredunder the regulatory authority of AR 635-200, paragraph 6-3b(1) or 2, and SPD code"MDG" was the appropriate code.  This regulation also provided the narrative reason"hardship" was the appropriate reason to assign enlisted Soldiers who were voluntarilyREFRAD or transferred under AR 635-200, paragraph 6-3 a or b, with appropriate SPDcode "MDB."

9.The applicant requests a change in her narrative reason so that she may receivebenefits.  The ABCMR is not authorized to grant requests for changes in the narrativereason solely for the purpose of making the applicant eligible for veterans' benefits;however, in reaching its determination, the Board can consider the applicant’s petitionand service record in accordance with the published equity, injustice, or clemencyguidance.

BOARD DISCUSSION: 

1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, her record ofservice, her military spouse, the circumstances surrounding her PCS, her request forvoluntary separation, and the reason for her separation.  The Board considered thepolicy pertaining to discharges for hardship.  The Board found sufficient evidence of in-service circumstances to support the applicant’s stated claim of hardship.  Based on apreponderance of evidence, the Board determined that the reason and separation codethe applicant received upon separation was unjust.

2.After reviewing the application and all supporting documents, the Board found thatrelief was warranted.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : 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 the Army records of the individual concerned be corrected by amending the DD Form 214 for the period ending 1 May 1995 to reflect the following: 

.Item 25 (Separation Authority):  AR 635-200, paragraph 6-3a

.Item 27 (Separation Code):  MDB

.Item 28 (Narrative Reason for Separation):  Hardship






X 


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. 


ADMINISTRATIVE NOTE(S):  Not Applicable 

REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so.
2.Army Regulation (AR) 635-200, in effect at the time, set forth the basic authority forthe administrative separation of enlisted personnel.  It states:

a.Paragraph 6-3 states Soldiers of the Active Army and the Reserve Componentsmay be discharged or released because of genuine dependency or hardship.  Hardship exists when in circumstances not involving death or disability of a member of the 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.   

b.Paragraph 6-3b(1) states a married service woman who becomes a parent bybirth, 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 her military obligation without neglecting the child or children.  The current regulation replaced the phrase "married service woman" with "married Soldiers."   

c.Paragraph 5-3 states, in pertinent part, that the separation of enlisted personnelis the prerogative of the Secretary of the Army and will be effected only by his authority.  Except as delegated by these regulations or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the Government will be at the Secretary’s discretion and with the type of discharge as determined by him.  Such authority may be given either in an individual case or by an order applicable to all cases specified in such orders.   

3.AR 635-5-1 (Personnel Separations – Separation Program Designator (SPD)Codes), provided the narrative reason "parenthood" was the appropriate reason toassign enlisted Soldiers who were voluntarily released from active duty or transferredunder the regulatory authority of AR 635-200, paragraph 6-3b(1) or 2, and SPD code"MDG" was the appropriate code.  This regulation also provided the narrative reason"hardship" was the appropriate reason to assign enlisted Soldiers who were voluntarilyREFRAD or transferred under AR 635-200, paragraph 6-3 a or b, with appropriate SPDcode "MDB."

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