AR20140001127

IN THE CASE OF: Ms.

BOARD DATE: 5 November 2014

CASE NUMBER: AR20140001127
___________________________________________________________________________

Board Determination and Directed Action

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 discharge was both proper and equitable and voted to deny relief.

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests her general, under honorable conditions discharge be upgraded to fully honorable.

2. The applicant states, in effect, the reason for her separation was parenthood and there should be no reason not to have the discharge read honorable.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 10 January 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 24 October 2011
d. Reason/Authority/SPD/RE Code: Parenthood, Chapter 5-8, AR 635-200, JDG,
RE-3
e. Unit of assignment: 988th Military Police Company, 92nd Military
Police Battalion, 4th Maneuver Enhancement Brigade, Fort Leonard, MO
f. Current Enlistment Date/Term: 18 November 2009, 5 years
g. Current Enlistment Service: 1 year, 11 months, 7 days
h. Total Service: 1 year, 11 months, 7 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 31B10, Military Police
m. GT Score: 100
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: NDSM, GWOTSM, ASR
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: None
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 18 November 2009, for a period of 5 years. She was 23 years old at the time of entry and a high school graduate. She completed 1 year, 11 months, and 7 days of active duty service. Her record documents no acts of valor or significant achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1. On 25 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 5-8, by reason of parenthood. The applicants memorandum of notification notifying her of the specific factors in the service record that warrants such a characterization of general, under honorable conditions, using the notification procedure is not part of the available record and government regularity is presumed in the discharge process.

2. The applicants election of rights memorandum is not part of the available record and government regularity is also presumed in the discharge process. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.

3. On 27 September 2011, the separation authority approved the waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.

4. The applicant was separated on 14 October 2011, under Army Regulation 635-200, Chapter 5-8, by reason of parenthood with a general, under honorable conditions discharge, an SPD code of JDG, and an RE code of 3.

5. The applicants record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

A General Officer Memorandum of Reprimand dated 13 February 2003, for driving while intoxicated.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant did not provide any with the application.

POST-SERVICE ACTIVITY:

The applicant did not provide any 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 applicants request for an upgrade of the characterization of her discharge was carefully considered. However, after examining the applicants record of service and the issue submitted with the application, there are insufficient mitigating factors that would merit an upgrade of the applicant’s discharge.

2. The applicant was discharged for her inability to perform prescribed duties due to parenthood under the provisions of Chapter 5-8, AR 635-200. This involuntary separation was appropriate since the command determined the applicants 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.

3. The record confirms that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4. The records show the proper discharge and separation authority procedures were followed in this case.

5. The applicant contends the reason for her separation was parenthood and there should be no reason not to have the discharge read honorable. The applicants service accomplishments and the quality of her service prior to the incident that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incident of misconduct that warranted a General Officer Memorandum of Reprimand.

6. Therefore, the reason for discharge and characterization of service being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 5 December 2014 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 0 No Change: 5
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: No Change
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) AR20140001127

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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