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Docket No. MD01-00635

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

ex-LCpl, USMC
Docket No. MD01-00635

Applicant’s Request

The application for discharge review, received 010406, requested that the reason for the discharge be changed to hardship.  The applicant requested a documentary record discharge review.  The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011108.  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 or narrative reason 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: MARCORSEPMAN Par. 6408.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge was submitted under the wrong code.  I believe it should have been submitted under that of hardship under paragraph 6407 with a reference code of KDB1.  
[Extracted from applicant's DD Form 149, which was returned to her].

Documentation

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

Copy of DD Form 214
Applicant's DD Form 149 dtd 10-30-00
VA ltr to Applicant dtd Jul 14, 2000 denying education benefits
Applicant's Enrollment in the Marine Corps Exceptional Family Member Program (EFMP) dtd 10 Sep 99
Applicant's request for discharge due to pregnancy dtd 29 Feb 00 w/attached letter

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		970829 - 971202	COG

Period of Service Under Review:

Date of Enlistment:  971203		Date of Discharge:  000411

Length of Service (years, months, days):

	Active:  02  04  09
	Inactive:  None

Age at Entry:  18			Years Contracted:  5

Education Level:  12			AFQT:  49

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF*			Conduct:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  LoA

Days of Unauthorized Absence:  None 

*No Marks Found in service record.

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

HONORABLE/PREGNANCY/CHILDBRITH,  authority:  MARCORSEPMAN Par. 6408.

Chronological Listing of Significant Service Events:

990813:	Eligible but not recommended for promotion to CPL for the Sept 99 promotion because not ready for increased responsibility.

990831:	Eligible but not recommended for promotion to CPL for the Oct, Nov, Dec 99 promotion period because not ready for increased responsibility.

990913:	Counseled for deficiencies in performance and conduct [substandard performance as a Marine for period 990301 through 990912 during which you have been counseled on 9 occasions and provided guidance to assist in improving conduct and proficiency - failure to make progress in con and MOS proficiency].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

990921:	Counseled for deficiencies in performance and conduct [failed to maintain MOS proficiency as a result of extended periods of non-availability for duty and training due to numerous medical problems and two pregnancies in one year].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

991208:	Eligible but not recommended for promotion to CPL for the Jan, Feb, Mar 00 promotion period because not ready for increased responsibility.

000215:	Counseled for deficiencies in performance and conduct.  [Failure to establish a child care plan per MCO 1740.13.  Counseled previously on 990921 to establish an effective single parent care plan to ensure you could fulfill your job and family related responsibilities.  As of 000210, failed to submit a child care plan].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. 

000229:	Applicant requested separation due to current pregnancy.  Applicant stated she was a single parent of a child who is an Exceptional Family Member and with the expectancy of second child, unable to give proper care to family and do justice to her duties as a Marine.

000320:	GCMCA [CG, 2D MAW] directed the applicant's discharge with an honorable by reason of pregnancy/childbirth due to being pregnant and single parenthood.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000411 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).

Issue 1.  The Board found that the applicant requested discharge under Paragraph 6408, Pregnancy, of reference (A).  No other narrative reason for separation better describes the conditions under which the applicant was discharged.  There is no evidence that the applicant met the provisions of separation by reason of hardship.  Relief denied.

Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  The applicant did not provide sufficient documentation to warrant a change to her discharge.  She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 950818 until Present, Paragraph 6408, PREGNANCY.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls10.jag.af.mil”.  

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
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  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:  A3010/A9903/A9217