1. Applicant's Name: a. Application Date: 6 September 2016 b. Date Received: 13 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, her discharge is improper because she was already being discharged for not having a family care plan. She states, her command continued to give her Article 15s because she was unable to report to formations because her children were with her. At the time, her husband was going to prison and her unit would not let her bring the children with her to formation. She believes she was already losing her career and yet she still was being punished for the same reason. She is now trying to go back to school in order to support her children and herself, but she has been denied the GI Bill benefit. She states that she was told at the time of her discharge that she would still be eligible for the GI Bill. She did not want to get out of the Army, but the circumstances forced her out and took everything away from her. In a records review conducted at Arlington, VA on 6 December 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's circumstances surrounding the discharge (i.e. parenthood), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Parenthood / AR 635-200 / Chapter 5-8 / JDG / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 22 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: She failed to maintain an adequate Family Care Plan and failed to report four times. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 November 2009 / 5 years, 21 weeks b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 1 year, 3 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTS, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 4 October 2010, for failing to go at the time prescribed to her appointed place of duty (3 September 2010). The punishment consisted of extra duty for 7 days (suspended). Several Developmental Counseling Forms, for failing to go at the time prescribed to her appointed place of duty. i. Lost Time / Mode of Return: 15 Days (NIF, 20 to 28 December 2010; and, 6 to 11 January 2011) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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, using the notification procedure, of the specific factors in his/her service record that warrant such a characterization. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's involuntary separation was appropriate since the command determined that her parental obligations interfered with the fulfillment of military responsibilities and she was properly informed as to the specific factors in her service record that would warrant such a characterization. The applicant contends that she was already being separated for not having an adequate family care plan when she received punishment under Article 15, UCMJ, because she was unable to find care for her children, which resulted in her failing to report. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service record. The applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 December 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's circumstances surrounding the discharge (i.e. parenthood), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160015916 4