IN THE CASE OF: BOARD DATE: 3 June 2015 CASE NUMBER: AR20140009677 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the applicant’s characterization of service was improper. 2. The evidence indicates the applicant was not properly notified as to the specific reasons for which she would not get an honorable characterization as required by paragraph 5-1b, AR 635-200. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the reason for discharge was 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 her general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, her discharge is unjust and should be reviewed. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 6 November 2009 d. Reason/Authority/SPD/RE Code: Parenthood, AR 635-200, Paragraph 5-8, JDG, RE-3 e. Unit of assignment: C Company, 426th BSB, Fort Campbell, KY f. Current Enlistment Date/Term: 4 February 2009/4 years g. Current Enlistment Service: 9 months, 3 days h. Total Service: 3 years, 10 months, 28 days i. Time Lost: None j. Previous Discharges: DEP, 051209-060724, NA RA, 060725-090203, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 68J10, Medical Logistics Specialist m. GT Score: 90 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (080409-081111) q. Decorations/Awards: NDSM, GWOTSM, ICM-CS, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 25 July 2006, for a period of 4 years. She was 18 years old at the time of entry and a high school graduate. She reenlisted for another 4 years on 4 February 2009, and served in Iraq and did not earn any significant awards of valor or achievement. She completed 3 years, 10 months, and 28 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Campbell, KY. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows 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 maintain an adequate family care plan, with a general, under honorable conditions discharge. 2. The record also shows that in a self-authored statement, dated 3 August 2009, the applicant indicated she was unable to validate her family care plan and understood it would result in her separation from the Army. 3. On 14 October 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on her behalf. 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 6 November 2009 with a characterization of service of general, under honorable conditions. 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. Article 15, dated 30 June 2008, for being disrespectful toward a NCO on 23 June 2008. The punishment consisted of a reduction to the grade of E-2 (suspended) and 14 days extra duty and restriction (CG). 2. Article 15, dated 14 March 2008, for failing to go at the time prescribed to her appointed place of duty and being disrespectful toward an NCO on 4 March 2008. The punishment consisted of 3 days of extra duty (Summarized). 3. Article 15, dated 14 April 2009, for disobeying a lawful order and being disrespectful toward an NCO on 25 March 2009. The punishment consisted of a reduction to the grade of E-3, forfeiture of $409 per month for one month, 14 days extra duty and 14 days of restriction (suspended)(CG). 4. Numerous negative counseling statements, dated between 6 March 2008 and 16 September 2009, for Army Suicide Intervention Program, disrespect towards an NCO, insubordination, assault, disobeying a lawful order or regulation, indebtedness, repayment of debt, initiation of family care plan, failure to execute a family care plan, missing IBA, failure to report, no contact order, room restriction, and battle buddy stipulations, and initial and monthly counseling. 5. DA Form 5305 (Family Care Plan), dated 20 April 2009. 6. DA Form 5304 (Family Care Plan Counseling Checklist), dated 4 March 2009. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 28 May 2014 and a DD Form 214, dated 6 November 2009, for the period of service under review. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his 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 her service record that warrant such a characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her 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 issue 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, recommend 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 both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 June 2015 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: Yes 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) AR20140009677 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1