IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20220002240 APPLICANT REQUESTS: change the Narrative Reason for Separation from “Sole Parent” to “Hardship.” APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 25 May 1988 * Statement * Letter from the Department of Veterans Affairs FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 she is ineligible for VA benefits because of this error. Her mother had temporary custody of her 2-year old son while she was in basic training and MOS training. She also had custody while she was sent to Korea. While in Korea, her stepfather passed away and her mother’s health deteriorated while caring for him. Shortly after returning to the States at Fort Leonard Wood, MO, her unit was ordered to Panama. Her mother was no longer able to care for her son. She recently applied for VA benefits but was told she did not qualify because the reason for her separation is “sole parent.” If the reason is changed to “hardship” she would then qualify for benefits. She did everything in her power to fulfill her 24-month obligation. Her caregiver could not care for her son due to health issues. She needs medical care. 3. Review of the applicant’s service records shows: a. She enlisted in the Regular Army on 24 September 1986, and she held military occupational specialty 94B (Food Service Specialist). b. She served in Korea from 14 February 1987 to 13 February 1988. She also reenlisted on 26 January 1988. c. On 28 March 1988, she was seen by the unit chaplain who rendered a statement in which he stated the applicant has one son, who is 3˝ years old. She is a single parent. At this time, she cannot produce a Family Care Program. Her mother can no longer care for the child in emergency situations. The most important reason for this chapter is the child himself. He is suffering from lack of stability and parental attention, as evidenced by the doctor's statements. The child needs the proper stability, and the Army of preparedness needs someone who is emotionally prepared. Currently, [Applicant] not in a position to be ready to go into emergency situations, nor is the child able to be without his mother. d. On 30 March 1988, the applicant submitted a statement in which she requested a hardship discharge. She indicated she had no means of developing a family care plan which is needed in the event of deployment. She is unable to develop a stable home for her son, who is currently having psychological problems connected to not having a secure home or care. e. On 6 May 1988, she submitted a DA Form 4187 (Personnel Action) requesting a hardship discharge under chapter 6 of Army Regulation (AR) 635-200 (Personnel Separations). She based this request on the fact that her mother is no longer able to care for her son due to the death of her husband, and she is not able to give her son the attention he requires. Further, because of her son's needs, she is not able to properly perform her military duties. f. The unit commander also rendered a statement in which he recommended that the request for discharge of [Applicant] be favorable considered. The applicant is the mother of a 3˝ year old child, and she is presently assigned shift working duties as a cook. Her own mother is no longer able to care for her child due to medical problems and the death of her husband. These circumstances are beyond her control since parenthood prevents the applicant from fulfilling her Military obligations without neglect of her child. It would be in the best interests of the Army and individuals concerned if she were discharged immediately. g. On 17 May 1988, the separation authority reviewed the request for discharge from active duty submitted by the applicant and approved it. He ordered the applicant receive an Honorable Discharge Certificate and opine that the documents supporting the request for separation because of a hardship satisfy the criteria outlined in paragraphs 6-3, AR 635-200. In his opinion, a genuine hardship does exist. h. the applicant was honorably released from active duty on 25 May 1988. Her DD Form 214 shows she was separated in accordance with chapter 6-3(b)(2), AR 635-200 due to “Sole Parent.” She completed 1 year, 8 months, and 1 day of active service. She was assigned Separation Code MDG and Reentry Code 3. 4. By regulation (AR 635-200), paragraph 6-3, enlisted Soldiers may be discharged or released because of genuine dependency or hardship. A “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. a. Parenthood of married service women. A married service woman who becomes a parent by birth; adoption or marriage (stepparent), and whose child (or children) under 18 years of age reside within the household, may apply for separation under hardship. The woman must submit evidence that the roles of parent and, service member are, incompatible and that she cannot fulfill her military obligation without neglecting the child or children. b. Sole parents. Service members 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. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that hardship includes two categories: parenthood of married service women and sole parents. The applicant was a single parent who was unable to come up with a family care plan due to a variety of circumstances. She applied for a hardship discharge due to being a sole parent and her application was approved. As such, the narrative reason listed on her DD Form 214 (Sole Parent) is neither in error nor unjust. Nevertheless, for clarity, there is no harm to the Army or the Soldier if the Narrative Reason for Separation shown on her DD Form 214 is amended to add the word hardship and becomes: “Hardship – Sole Parent.” ? 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 her DD Form 214 to show the Narrative Reason for Separation as “Hardship - Sole Parent.” 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel from the Army. Chapter 6 states enlisted members of the Active Army and the Reserve Components serving on AD or ADT may be discharged or released because of genuine dependency or hardship. a. Paragraph 6-3(a), Dependency. Dependency. exists when death or disability of a member of a soldier's (or spouse's) immediate family causes that member to rely upon the soldier for principal care or support. (See para 6-5 for definition of "immediate family" member.) b. Paragraph 6-3(b), 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: (See para 6-5 for definition of "immediate family" member.) (1) Parenthood of married service women. A married service woman who becomes a parent by birth; adoption or marriage (stepparent), and whose child (or children) under 18 years of age reside within the household, may apply for separation under hardship. The woman must submit evidence (per para 6-7b(5)) that the roles of parent and, service member are, incompatible and that she cannot fulfill her military obligation without neglecting the child or children. (2) Sole parents. Service members 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// ABCMR Record of Proceedings (cont) AR20220002240 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1