ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 October 2019

	DOCKET NUMBER:  AR20190011311


APPLICANT REQUESTS: in effect, that block 25 (Separation Authority) and block 
26 (Separation Code) of her DD Form 214 (Certificate of Release or Discharge from 
Active Duty) be updated, and or corrected, to show she is authorized veterans 
benefits.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending 21 December 2005

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, in effect, that after her mother was unable to continue 
caring for her infant son, and having exhausted all attempts to find an alternate 
caregiver, a hardship discharge was her last option.  She contends that she was told 
by her separation counselors that she would be eligible for all her benefits, to include 
the Home Loan Program.  However, her subsequent request for a Certificate of 
Eligibility was denied by the Department of Veterans Affairs (VA).  The reason cited 
was length of service.  The VA also informed her that the codes on her DD Form 214 
would not allow them to override this requirement.

3.  The applicant enlisted in the Regular Army on 18 November 2004.

4.  Her records are void of separation packet; however, her DD Form 214 shows she 
was discharged on 21 December 2005, by reason of parenthood.  She completed 
1 year, 1 month, and 4 days of active federal service.  This form also shows in:

*	block 25:  "AR 635-200, para 5-8"
*	block 26:  "JDG"
5.  The regulatory guidance states for an involuntary discharge based on 
parenthood, the applicable authority is Army Regulation 635-200 (Active Duty 
Enlisted Administrative Separations), paragraph 5-8, and the appropriate separation 
designator code associated with this narrative reason is "JDG."

6.  The VA webpage states a veteran must have a minimum of 24 months of 
continuous active duty, with other than dishonorable discharge, in order to be eligible 
for a VA Home Loan.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, her record of 
service, the absence of a separation packet and the reason for her separation.  The 
Board found insufficient in-service evidence to show another reason for the 
applicant’s separation other than what appeared on her DD Form 214.  Based on a 
preponderance of evidence, the Board determined that the reason and separation 
code the applicant received upon separation was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found 
that relief was not 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 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 635-200, Section III (Other Convenience of the Government 
Separation Policies), paragraph 5-8 (Involuntary Separation due to parenthood) 
stated, Soldiers will be considered for involuntary separation when parental 
obligations interfere with fulfillment of military responsibilities.  

     a.  Specific reasons for separation because of parenthood include—
          (1)  Inability to perform prescribed duties satisfactorily

          (2)  Repeated absenteeism,

          (3)  Repeated tardiness,

          (4)  Inability to participate in field training exercises or perform special duties 
such as CQ and staff duty noncommissioned officer (NCO), and

          (5)  Non-availability for worldwide assignment or deployment according to the 
needs of the Army.

     b.  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.  Army Regulation (AR) 635-5 (Separation Program Designator (SPD) Codes) 
prescribes the specific authorities (statutory or other directives), reasons for 
separation Soldiers from active duty, and the separation program designator codes 
to be entered on the DD Form 214 (Certificate of Release or Discharge from Active 
Duty).  Table 2-3 shows that for an involuntary discharge based on the narrative 
reason of "parenthood" the applicable SPD code is "JDG" and the appropriate 
authority is AR 635-200 (Active Duty Enlisted Administrative Separations), 
paragraph 5-8.

				//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190011311

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