Author: CAP
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Docket No. ND01-00570

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

ex-QM3, USN
Docket No. ND01-00570

Applicant’s Request

The application for discharge review, received 010327, requested that the characterization of service on the discharge be changed to honorable.  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 011018.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned that the discharge was proper, but the characterization of the applicant’s discharge was inequitable.  The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  In order to use my Montgomery G.I. Bill and Navy college fund I request to have my discharge upgraded to an honorable discharge, due to the fact that I've served 36 months of active duty without any adverse actions.  Furthermore, upgrading my discharge to honorable allows me to utilize the MGI Bill and Navy college fund to further my education and support my child.

Documentation

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

Copy of DD Form 214
Copies of Evaluation Report and Counseling Record for 98May15 to 98Dec01, 98Nov14 to 98May06 and 98Dec07 to 99Jun15.

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	960731 - 970629	COG

Period of Service Under Review:

Date of Enlistment:  970630			Date of Discharge:  000718

Length of Service (years, months, days):

	Active:    03  00  19
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  12				AFQT:  52

Highest Rate:  QM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.30 (3)			Behavior:  3.67 (3)		OTA:  3.34

Military Decorations:  None

Unit/Campaign/Service Awards:	SSDR, BER, Flag Letter of Commendation, HSM, GCM

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority:  NAVMILPERSMAN, Article  1910-124 (formerly 3620215).

Chronological Listing of Significant Service Events:

000512:	Retention Warning:  Advised of deficiency (Failed to comply with the Department of Defense and Navy programs requiring up-to-date Family Care Plans.  Specifically, you have failed to make adequate arrangements for the care of your dependent son which has forced this command to leave you on stay behind during previous underway period.  Additionally, you have annotated that you are unable to comply with any of the provisions delineated in the Department of the Navy's Family Care Plan Certificate (NAVPERS 1740/6).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 	

000503:	Family Care Plan Certificate:  Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

000515:	Family Care Plan Certificate:  Applicant indicated that she is unable to comply with the Navy's policy for dependent care. 

000516:	Applicant notified of intended recommendation for discharge with a honorable by reason of convenience of the Government due to parenthood or custody of minor.	Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

000519:	Commanding officer directed discharge with general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children.  Commanding officer’s comments (verbatim): Petty Officer (applicant's) Chain of Command has counseled her on occasions in an effort to assist her in making adequate arrangements for her child.  She has stayed behind during the previous underway period due to her lack of family care arrangements and is not world wide deployable. Her inability to make adequate child care arrangements negates any potential she may for future naval service.  Accordingly, in the best interest of the U.S. Navy, I have separated QM3 (applicant) from naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000718 with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children (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 but not equitable (C and D).

Issue 1.  The applicant requested a discharge upgrade in order to obtain GI Bill benefits.  The Veterans Administration determines eligibility for post-service benefits.  There is no requirement or law that grants an upgrade for the purpose of obtaining veteran’s benefits.  This issue has no merit.  Relief denied.

Although the applicant had no other issues, after careful review of the applicant’s service record, the Board determined that the applicant was properly processed for separation but the characterization of service was inequitably assigned.  Specifically, the applicant was notified by the Commanding Officer, USS FRANK CABLE (AS 40), on 000516, that the least favorable characterization of service possible would be Honorable.  The applicant signed the letter of notification on 000516.  On 000519 the Commanding Officer, USS FRANK CABLE (AS 40) notified Commander, Navy Personnel Command (NMPC-254) that he separated the applicant with a General (Under Honorable Conditions) discharge.  The applicant was officially discharged on 000718 with a General (Under Honorable Conditions).  The Board determined that based on the letter of notification, and because there was no other record of misconduct, a change in the discharge characterization to Honorable is warranted.  Relief is granted.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, Change 21, effective 01 Sep 1998 to Present, Article 1910-124 (previously 3620215), Separation by reason of Convenience of the Government - Parenthood.

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/A9217/A0101