IN THE CASE OF: Mr. BOARD DATE: 12 December 2014 CASE NUMBER: AR20140002016 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board determined that the characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 5-5, AR 635-200, by reason of parenthood with a general, under honorable conditions discharge. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states that no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in the service record that warrants such a characterization, using the notification procedure. The record confirms that the applicant was not properly notified as to these factors. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits. He contends he deserves an upgrade because on at the time of discharge, he had fulfilled his contract and was on stop loss when he gained custody of his child and a family care plan was impossible for him to provide. He contends he completed a tour of combat and served his country proudly and with honor. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 9 February 2006 d. Reason/Authority/SPD/RE: Parenthood, Chapter 5, paragraph 5-8, AR 635-200, JDG, RE-3 e. Unit of assignment: C Btry, 3rd Bn, 13th FA, Fort Sill, OK f. Current Enlistment Date/Term: 13 November 2000, 5 years g. Current Enlistment Service: 5 years, 3 months h. Total Service: 5 years, 3 months i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 13M10, MLRS/HIMARS Crewmen m. GT Score: 107 n. Education: GED o. Overseas Service: Southwest Asia p. Combat Service: Iraq (030120-030630) q. Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, CAB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 13 November 2000, for a period of 5 years. He was 19 years old at the time of entry and had a high school equivalency. His record indicates he served in Iraq; achieved the rank of SPC/E-4; and earned several awards to include an ARCOM, AAM and the AGCM. He was serving at Fort Sill, OK when separation action was initiated. He competed 5 years and 3 months of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows on 30 November 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-8, AR 635-200, by reason of parenthood, for failure to obtain a valid family care plan within the allotted time. 2. The commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 6 December 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated his intentions to submit a statement in his own behalf which were not found in the record. The unit commander subsequently recommended separation from the Army. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 4. The separation authority directed the applicant’s release from active duty with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 9 February 2006, with a characterization of service of general, under honorable conditions under the provisions of Chapter 5, paragraph 5-8, AR 635-200, for parenthood, with a Separation Program Designator code (SPD) of JDG and an RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is a positive urinalysis report contained in the record coded; IR (Inspection Random), 27 March 2002, THC and a second positive urinalysis report which is not coded, dated 10 June 2004, THC 48. 2. Article 15, imposed on 16 May 2002, for the wrongful use of marijuana between (020227 and 020327). The punishment consisted of a reduction to E-2, forfeiture of $619.00 pay per month for two months (suspended) and extra duty for 30 days (FG). 3. Article 15, imposed on 16 July 2004, for the wrongful use of marijuana between (040510 and 040610). The punishment consisted of a reduction to E-3 (suspended for 180 days), forfeiture of $748.00.00 pay per month for two months, and extra duty and restriction for 45 days (FG). 4. Two negative counseling statements dated 22 May 2004 and 3 November 2005, for positive urinalysis results violation, failure to submit a family care plan in accordance with AR 600-20, notification of separation under AR 635-200, Chapter 5, paragraph 5-8, and dereliction of his duties. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 and a copy of his DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None was provided with the application. REGULATORY AUTHORITY: 1. 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. 2. 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. 3. No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified, using the notification procedure, of the specific factors in his/her service record that warrant such a characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After a careful review of all the applicant’s military records for the period of enlistment under review and the issues, and documents submitted with the application, it appears that the characterization of service was improper. 3. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states that no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in the service record that warrants such a characterization, using the notification procedure. The record confirms that the applicant was not properly notified as to these factors. 4. The records show the proper discharge and separation authority procedures were not followed in this case. 5. Therefore, the characterization of service being improper, the analyst recommends the Board grant relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the reason for discharge was found to be proper and equitable SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 12 December 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140002016 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1