IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220003309 APPLICANT REQUESTS: reconsideration of her previous request for the narrative reason for her separation to be changed from "Parenthood" to "Hardship." APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999030277 on 16 December 1999. 2. The applicant states, in effect, she was separated due to hardship, but her DD Form 214 (Certificate of Release or Discharge from Active Duty) erroneously shows the reason for separation as parenthood. She was a sole parent at the time and her father was her family care provider until he passed away. She was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 6-3b, and transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)) for the remainder of her service obligation. She is attempting to purchase a home and her current narrative reason for separation is preventing her from obtaining a Certificate of Eligibility for a Department of Veterans Affairs (DVA) home loan. 3. On 15 February 1995, the applicant enlisted in the Regular Army for a period of 5 years. Upon completion of training, she was assigned to a unit located as Fort Polk, LA. 4. A District Court Judgment shows the applicant was granted primary custody of her children on 13 October 1995. 5. On 3 June 1996, the applicant requested to have her name changed to her maiden name in her official Army records. 6. On 2 July 1996, the applicant submitted a voluntary request to be discharged from the Army under the provisions of Army Regulation 635-200, Chapter 6 (Dependency or Hardship), paragraph 6-3 (2), by reason of Sole Parent. In support of her request, she provided a statement wherein she explained that due to divorce in October 1995, she was awarded custody of her two minor children. The only person available to serve as the childcare provider for her family care plan was her father. His current health condition made him unable to care for her children. Additionally, her oldest child had problems with juvenile authorities due to her absence from home when she was at work. Both of her children were having a hard time adjusting and coping with Army life due to the hours she worked and the unpredictability of a deployable unit. 7. The applicant's chain of command strongly recommended approval of her separation with an honorable characterization of service. 8. On 30 July 1996, the separation authority approved the applicant's request with an honorable discharge and corresponding characterization of service and directed she be transferred to the IRR. 9. Orders and her DD Form 214 confirm she was REFRAD on 29 August 1996 and transferred to USAR Control Group under the provisions of Army Regulation 635-200, Chapter 6, Paragraph 6-3b(2). Her service was characterized as Honorable, her Separation Program Designator (SPD) code was "MDG," and the narrative reason for her separation was "Parenthood." 10. Orders show the applicant was transferred from the USAR Control Group (Annual Training) to USAR Control Group (Reinforcement), effective 24 January 2003. Also, Orders show the applicant was honorably discharged from the USAR effective 9 September 2003. 11. On 16 December 1999, the ABCMR considered the applicant's petition for change of the narrative reason for her separation. The board determined the available evidence did not demonstrate the existence of a probable error or injustice. Her request for relief was denied. 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 explained in a statement that due to divorce in October 1995, she was awarded custody of her two minor children. The only person available to serve as the childcare provider for her family care plan was her father and that his health condition made him unable to care for her children. Additionally, her oldest child had problems with juvenile authorities due to her absence from home when she was at work. Both of her children were having a hard time adjusting and coping with Army life due to the hours she worked and the unpredictability of a deployable unit. 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 (Parenthood) 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 (Parenthood/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 amendment of the ABCMR's decision in Docket Number AR AR1999030277 on 16 December. 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 (Parenthood/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, 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 sets forth the basic authority for the separation of enlisted personnel. The version in effect at the time provided that: a. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Chapter 6 (Separation Because of Dependency or Hardship) provides, in part, that a member may be discharged or released because of genuine dependency or hardship. Paragraph 6-3b(2), sole parents, provides that Soldiers 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. 3. Army Regulation 635-5-1 (SPDs), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. The regulation provided, in pertinent part, that SPD "MDG" was the appropriate SPD to be entered on DD Form 214 for Soldiers separated under the provisions of Army Regulation 635-200, Paragraph 6-3b (1) or (2) by reason of Parenthood of married service woman or sole parent. 4. The Under Secretary of Defense (Personnel and Readiness) issued guidance to Service Discharge Review Boards (DRB) and Service Boards for Correction of Military/Naval Records (BCM/NR) on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the court-martial forum. However, the 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) AR20220003309 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1