Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND99-00447

DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-DP3, USN
Docket No. ND99-00447

Applicant’s Request

The application for discharge review, received 990210, requested that the reason for the discharge be changed to Reduction in Force or Hardship.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000201.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the reason for discharge shall not change.  The discharge shall remain HONORABLE/ PREGNANCY/CHILDBIRTH, authority: NAVMILPERSMAN, Article 3620200.

  

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I submitted a request chit for separation in 1990.  Prior to submitting the chit I was told that the Navy was cutting down on the number of female DPs in the Service and it would be approved based on that reason.  I also went to my ESO and specifically asked if this would affect my GI bill, it was very important to me.  I had my request chit in hand.  He read the article that actually said I would qualify to receive my benefits (my 2 years of service qualifying me).  He must have failed to read on.
      My date of separation is actually after the birth of my child.  Being a month shy of the 30 months, I would have gladly remained in the 30 days.  Under these reasons I feel that my service and the circumstances should justify a change in the separation reason.  I paid in the dollar amount and I feel I utilized the information available to me upon getting out.  Your assistance is greatly appreciated.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			None
	Inactive: USNR (DEP)	880223 - 880516	COG

Period of Service Under Review:

Date of Enlistment:  880517			Date of Discharge:  901009

Length of Service (years, months, days):

	Active:    02  04  23
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 (12 months extension)

Education Level:  12			AFQT:  68

Highest Rate:  DP3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (5)	Behavior:  3.96 (5)		OTA:  3.96

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/PREGNANCY/CHILDBIRTH, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

901009:	Applicant discharged with an Honorable for Pregnancy/Childbirth.  No misconduct documented during her service to the Navy.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 901009 with an Honorable due to Pregnancy/Childbirth (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant provided no documentation to support changing the reason of her discharge to reduction in force or hardship.  She was discharged for pregnancy/childbirth, which was proper at the time of discharge.  The applicant states she wants her GI bill benefits and 30 additional days would have given her the 30 months of service to qualify her for the GI bill.  The qualifications for the GI bill, according to DD Form 2366, are:  3 years of active duty service, to receive $300 per month for 36 months; 2 years of active duty to receive $250 per month for 36 months if the applicant was on a 2 year obligation; and an Honorable discharge.  The applicant was on a 4 year obligation and served only 2 years 4 months and 22 days.  She does not qualify for the GI bill educational benefits.  Relief denied.

The applicant remains eligible for a personal appearance hearing, to further discuss her case, provided an application is received by the NDRB within fifteen years from the date of her discharge.

Pertinent Regulation/Law (at time of discharge)

A.  NAVMILPERSMAN, Article 3620200.  Upon request of member.  Procedures and guidelines prescribed in NAVMILPERSMAN, Article 3620220.  A member, on active duty or inactive duty, will not be separated on the basis of pregnancy or childbirth unless it is determined to be in the best interest of the servicemember or if the member demonstrates overriding and compelling factors of personal need which warrant separation. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX: A2200/A9453/A9903/A9217