1. Applicant's Name: a. Application Date: 6 May 2018 b. Date Received: 11 June 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to narrative reason for discharge to miscellaneous/general reasons. The applicant seeks relief contending, in effect, that the cited separation authority in block 25, separation code in block 26, and narrative reason for separation in block 28 of the DD Form 214 are improper. The applicant contends the reason for discharge was due to pregnancy and was never afforded the opportunity to render resignation IAW AR 600-8-24, para 3-11. Instead, the applicant was chaptered out two months prior to fulfilling the obligation for not having a viable family care plan which was covered under AR 600-8-24, para 4-2a(16) and not para 4-2b as cited in block 25 of the DD Form 214. The applicant contends that the military record shows no misconduct and believes that the reason for the discharge is inequitable as the reason for discharge was based on pregnancy. The applicant contends that at the time of pregnancy, the applicant and husband decided to render resignation due to pregnancy IAW AR 600-8-24, para 3-11 which was the best decision and option for their family and the Army. However, the applicant was never afforded the opportunity to render resignation. Consequently, the applicant was chaptered for the inability to provide a viable family care plan due to the fact that the applicant did not have any family members in the United States. The applicant continued to serve the country by supporting the husband's Army Career. The applicant's husband proudly continues to serve our country and is currently station at Fort Bragg, NC. Now that the kids are older, the applicant would like to serve in the Federal Service as a civilian; however, is concerned that the erroneous entry on the narrative reason for separation is going to jeopardize selectivity for service. For this reason, the applicant asks that the request be considered and granted. In a records review conducted at Arlington, VA on 25 March 2019 and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unacceptable Conduct / AR 600-8-24, Paragraph 4-2b / JNC / NA / Honorable b. Date of Discharge: 7 September 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 April 2004 (2) Basis for Separation: The applicant was directed to "show cause" for retention on Active Duty under the provisions of AR 600-8-24, Officer Transfers and Discharges, paragraph 4- 2(b(2), for misconduct, moral or professional dereliction-mismanagement of personal affairs that was unfavorably affecting her performance of duty by failing to provide to the command a valid family care plan, as required by AR 600-20, Army Command Policy, para 5-5. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: NIF, however, the applicant did submit a statement on 7 May 2004. (5) DA Ad Hoc Review Board Recommendation: NIF (6) Separation Decision Date / Characterization: 17 August 2004 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 November 2002 / 3 years b. Age at Enlistment / Education / GT Score: 26 / NIF / NA c. Highest Grade Achieved / MOS / Total Service: O-2 / 35D Tactical Intelligence Officer / 1 year, 9 months, 20 days d. Prior Service / Characterizations: USAR (Cadet) (27February 2001 to 21 August 2002) Appointed 2LT / USAR (22 August 2002 to 17 November 2002) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Counseling statement reference an invalid family care plan IAW AR 600-20. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and Tabs A thru G with copies of her military documents supporting her claim (i.e., DD Form 214, AR 600-8-24, AR 635-5-1, and military record). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JNC" as the appropriate code to assign Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraph 4-2b, unacceptable conduct. 8. DISCUSSION OF FACT(S): The applicant requests a change to her narrative reason for discharge to miscellaneous/general reasons. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. Army Regulation 635-5 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JNC" as the appropriate code to assign officer Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-b, unacceptable conduct. The regulation further stipulates no deviation is authorized. The applicant seeks relief contending, in effect, that the cited separation authority in block 25, separation code in block 26, and narrative reason for separation in block 28 of her DD Form 214 are improper. She contends the reason for her discharge was due to pregnancy and that she was never afford the opportunity to render her resignation IAW AR 600-8-24, para 3-11. Instead, she was chaptered out two months prior to fulfilling her obligation for not having a viable family care plan which was covered under AR 600-8-24, para 4-2a(16) and not para 4-2b as cited in block 25 of her DD Form 214. She contends that her military record shows no misconduct and she believes that the reason for the discharge is inequitable as the reason for her discharge was based on her pregnancy. She contends that at the time of her pregnancy her and her husband decided to render her resignation due to pregnancy IAW AR 600-8-24, para 3- 11 which was the best decision and option for their family and the Army. However, she was never afford the opportunity to render her resignation. Consequently, she was chaptered for her inability to provide a viable family care plan due to the fact that she did not have any family members in the United States. She continued to serve her country by supporting her husband Army Career. She contends her husband proudly continues to serve our country and he is currently station at Fort Bragg, NC. Now that her kids are older she would like to serve in the Federal Service as a civilian; however, she is concern that the erroneous entry on the narrative reason for separation is going to jeopardize her selectivity for service. For this reason, she ask that her request be considered and granted. The applicant's contentions were noted; evidence submitted by the applicant shows that on 15 September 2003, the applicant while a student attending the Military Intelligence Officer Basic Course (MIOBC), Class 03-009, tendered her resignation from the Army under the provisions of AR 600-8-24, chapter 3, section IV, to be effective immediately. She was seeking discharge due to pregnancy because her husband, who was also an active duty officer and in Infantry Officer Basic Course at Fort Benning, Georgia, was on permanent party orders to Fort Hood, Texas. She indicated in her request that she was certain her responsibility as a parent would preclude her from effectively performing her military duties; therefore she respectfully requested discharge under the provisions of the aforementioned provisions of AR 600-8-24. On 20 November 2003, a memorandum indicating that the applicant's request for release from active duty had been reviewed as an exception to policy as prescribed in Army Regulation 600- 8-24, paragraph 2-13 and disapproved. It was noted that she had an active duty service obligation through 18 November 2005 as a result of her initial military service obligation. The Army and the American people expect there officers to fulfill their active duty service obligations. Only in the case of compelling compassionate reasons will and officer be released from a valid obligation. On 15 December 2003, the applicant requested voluntary release from active duty due to pregnancy IAW AR 600-8-24, Chapter 2, paragraph 14, table 2-5, effective immediately. She was seeking discharge due to pregnancy, she indicated that her husband had already been informed the he would be deploying soon after his arrive at his unit. She also indicated that she currently did not have a short term family care pan due to the fact that she did not know anybody locally whom she could trust the care of her baby with. She did not have a long-term family care plan because her family, who lived in o, was unable to assume the responsibilities of caring for her baby. On 26 March 2004, the applicant submitted a memorandum of record indicating that after being counseled on 26 March 2004 on her invalid family care plan since the birth of her child on 18 March 2004, would be unable to meet the requirements of a family care plan. She noted that she had looked into the possibility of accomplishing a viable family care plan and she was not able to do this. She understood that this meant a possible separation form the Army, and she was will to do this as the needs of her family came first. She was a dual military and she had no way of providing a family care plan then or anytime in the foreseeable future. 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 applicant express her desire for a change to her narrative reason for discharge based on her concern that the erroneous entry on the narrative reason for separation is going to jeopardize her selectivity for service. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 25 March 2019 and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20180009458 1