BOARD DATE: 10 December 2019 DOCKET NUMBER: AR20190008670 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a different narrative reason for separation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * State of Colorado Certificate of Death, issued on 7 November 2014 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 his wife at the time committed suicide and left him to raise two children on his own. He was in a place where he didn’t know anyone or have a support system. He doesn’t think parenthood is completely wrong but under these circumstances he should have received a hardship discharge. 3. The applicant enlisted in the Regular Army on 25 June 2013. 4. The applicant provides a death certificate which indicates his spouse died on 10 September 2014. 5. The applicant's immediate commander notified the applicant on 11 December 2014 of her intent to initiate separation actions against him under the provisions of Army Regulation 635-200, Chapter 5-8, due to parenthood. 6. The applicant consulted with counsel on 11 December 2014 and acknowledged that he had been advised by counsel of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, Chapter 5-8, and its effects; the rights available to him; and the effect of any action taken by him in waiving his rights. 7. The applicant’s immediate commander recommended his separation under the provisions of Army Regulation 635-200, Chapter 5-8. The separation authority approved the recommended discharge on 18 December 2014 and directed the issuance of an honorable discharge. 8. The applicant was honorably discharged on 20 January 2015, under the provisions of Army Regulation 635-200, Chapter 5-8, by reason of parenthood. His Separation Program Designator (SPD) Code was "JDG." 9. The Board should consider the applicant's statement in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record and length of service, the circumstances of his spouse’s passing, the proximity to her death and the initiation of separation proceedings, the contents of his separation packet and the reason for his separation. The Board considered the Army policy related to requests for hardship discharges and found sufficient evidence to determine they were applicable to the applicant’s circumstances. Based on a preponderance of evidence, the Board determined that the narrative reason for the applicant’s separation was unjust and a correction was necessary. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 20 January 2015 as follows: - Item 25 (Separation Authority) – “AR 635-200, PARA 6-3” vice “PARA 5-8”; - Item 26 (Separation Code) – “KDB” vice “JDG”, and; - Item 28 (Narrative Reason for Separation) – “Hardship” vice “Parenthood.” 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 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 635-5-1 (SPD Codes) indicates the SPD code "JDG" is reflective of an involuntary separation under the provisions of Army Regulation 635-200, paragraph 5-8, for parenthood. 3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-8 provides for the involuntary separation of Soldiers due to parenthood. It states, Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities and that notification procedures will be used. 4. The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. Boards for Correction of Military/Naval Records may grant clemency regardless of the court-martial forum. However, this guidance applies to more than clemency from a sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, Boards shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008670 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190008670 4 ABCMR Record of Proceedings (cont) AR20190008670 3