Author: CAP
Last saved by: shirley.robertson
Company: NCPB

Docket No. ND04-01319

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

ex-AAA, USN
Docket No. ND04-01319

Applicant’s Request

The application for discharge review was received on 20040818.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20041222.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “When I enlisted in the Navy in the fall of 1999 it was with the promise that I would see the world and have my education paid for after I had served my time.  Since I had done well on the ASVAB I was encouraged to enlist in the ACEF which is a six year enlistment rather than the usual four years.  I paid into the MGIB as I was told I needed to do in order to get it when I got out the Navy.  After proudly serving my country for 3 years I became pregnant.  I continued on active duty until my son was born on October 12, 2003.  By this time my baby’s father had left and I was alone to care for my new infant.  I requested shore duty and was denied.  The only choice I had left was to apply for separation from the Navy.  In February 2004, after almost four years of active service.  I was given a general discharge under honorable conditions.  This discharge makes me ineligible for the MGIB.  If I had only enlisted for four years I would have been able to complete my service.  I am a single mom trying to provide the best possible life foe my son, Matthew.  I cannot afford to go to college without the MGIB.  I need my discharge changed to Honorable so that I can receive the MGIB.”

Documentation

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

Copy of the Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	991023 - 000328	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  000329		Date of Discharge:  040226

Length of Service (years, months, days):

	Active:    03  10  29
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (24 month extension)

Education Level:  12			AFQT:  84

Highest Rate:  FC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  *NMF 	Behavior:  *NMF		OTA:  *NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, GCM, SSDR, NDSM

Days of Unauthorized Absence:  None

 *No marks found in Applicant’s service record.

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:

010329:	Retention Warning:  Advised of deficiency (Violation UCMJ Article 92, Underage Drinking, and UCMJ Article 134, Disorderly Conduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 	

010329:	NJP for violation of UCMJ, Article 92: Underage Drinking
	Award: Forfeiture of $57.00 pay per month for 1 month, restriction and extra duty for 14 days.  No indication of appeal in the record.

031129:	Family Care Plan Certificate:  Applicant indicated that she is unable to comply with the Navy's policy for dependent care. 

040109:	Retention Warning:  Advised of deficiency (Non-compliance with the Department of the Navy’s Family care Plan Certificate and worldwide availability), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 	

040113:	Applicant notified of intended recommendation for discharge by reason of convenience of the Government due to parenthood with the least favorable characterization as general (under honorable conditions).

040114:	Applicant advised of 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.

040121:	Commanding Officer recommended discharge with a 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 W_ has been given ample time and opportunity to find adequate childcare for her child, but failed to do so.  Petty Officer W_ is unable to comply with the Navy’s Family Care Plan and is not worldwide assignable.  I recommend that she be separated from the Naval Service with a General discharge.]

040210:	CNMPC directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040226 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 and equitable (C and D).

Issue 1.   The Applicant was unable to comply with the requirements of a family care plan to enable the Applicant to be able to deploy throughout the world on short notice and to be able to fully execute military duties.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  In addition, there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  Relief denied.

A General discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by a nonjudicial punishment proceeding for a violation of Article 92 of the UCMJ.  The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service.  Relief is not warranted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to her discharge at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-124 (previously 3620215), Separation by reason of Convenience of the Government - Parenthood.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity..

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review 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.