Applicant Name: ????? Application Receipt Date: 2012/01/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she is requesting an upgrade of her discharge due to an injustice and inequity in her discharge. Her discharge was inconsistent with the standards of discipline in the military service of which she was a member at the time. She could not maintain a family care plan due to her new born who had health issues and rigorous daily treatment which was needed. The discharge characterization was normally honorable in her unit. Also, as an act of clemency to continue her studies towards a master degree and for her career, she needs the upgrade to honorable in her record. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 070502 Chapter: 5-8 AR: 635-200 Reason: Parenthood RE: SPD: JDG Unit/Location: E Battery, 3rd Battalion, 2nd Air Defense Artillery, 31st Air Defense Artillery Brigade, Fort Bliss, TX Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: Reenl/050630 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 10 Mos, 3 Days ????? Total Service: 4 Yrs, 11 Mos, 10 Days ????? Previous Discharges: RA 020523-050629/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92A10 Automated Logistical Spec GT: 109 EDU: HS Grad Overseas: Germany, Israel (030104-030505) Combat: None Decorations/Awards: GCMDL, NDSM, GWOTEM, GWOTSM, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant's signature. Her DD Form 214 indicates she was involuntarily discharged under the provisions of Chapter 5-8, AR 635-200 by reason of parenthood, with a general, under honorable conditions characterization of service. Furthermore, the DD Form 214 shows a Separation Code of JDG (i.e., parenthood) with a reentry eligibility (RE) code of "3." Further, the record indicates that on 2 May 2007, DA, HQ, US Army Air Defense Artillery Center, Fort Bliss, TX, issued Orders 110-0022 which discharged the applicant from the Regular Army with an effect date: 2 May 2007. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-8 provides that a Soldier may be separated when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army. Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, general under honorable conditions or an uncharacterized description of service if in entry-level status. No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed government Regularity in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-8 by reason of parenthood, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered. However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown. There is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it is the applicant’s responsibility to meet the burden of proof since the evidence is not available in the official record. The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 27 June 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 6 January 2012, copy of his record of medical care dated 12 February 2007, college transcript from Franklin University dated 7 January 2012. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120001077 ______________________________________________________________________________ Page 1 of 3 pages