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

FOR OFFICIAL USE ONLY

 ex-YN1, USN
Docket No. ND05-00859

Applicant’s Request

The application for discharge review was received on 20050425.  The Applicant requests the Discharge Characterization of Service received at the time of discharge changed to honorable.  The Applicant requests 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 20050811.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case an inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was 3 to 2 that the discharge characterization shall change to HONORABLE and unanimous that the narrative reason shall remain PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: MILPERSMAN 1910-124.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the attached document/letter:

“1. I believe Block 24 (Character of Service) of my DD214 is inequitable because it is based on a single incident during my 8 years, 8 months active duty military service.  I respectfully request Block 28 be changed from “General (Under Honorable Conditions) to “Honorable”.

I believe my character of service is being looked at solely at that one incident.  Just like I told Captain M____ at my NJP (held in September 2001), “my weakness took that best of me”, which is helping out shipmates.  I made a bad judgment and committed a crime. I wrote “dummy orders” to a shipmate to help him get out of his lease.  Instead of saving him money, we both ended up losing a lot, and not only money wise, but having a “black mark” on my record. I had a perfect record up until my NJP.  I was and am truly sorry for my actions. I paid the price that the Captain awarded me.  That incident did no change my attitude towards the Navy.  I loved serving in the Navy ever since I enlisted in November 1994.  My NJP did not lead to my discharge.  In 2003, I felt like I had to make the most important decision of my life.  Because I was a single parent, I could no longer serve the Navy as I wished, so I requested separation ”Convenience of the Government, due to Parenthood”.  As a single parent, I did two six-month deployments with Patrol Squadron FORTY-FIVE.  One to Puerto Rico and the other to Sigonella, Sicily.  I enjoyed both deployments.  I was able to serve my country with no problems even though I was a single parent.  My mother took care of my daughter during both deployments. However, in 2002, my daughter entered Kindergarten and I started noticing her schedule was conflicting with my working hours (and that was only shore duty).  By then my mother had a job that required too much traveling and she would no longer be able to care for my daughter once I went back to Sea Duty.  So that led to my request for separation.

I believe I was a good Yeoman.  I advanced to “YN3” with no “A” School in less than two years in the Navy.  I quickly advanced to “YN2” with just four years in the Navy.  Then, I advanced to “YN1” with only 7 years in the Navy.  I was nominated numerous times for Sailor of the Quarter/Year.  I received numerous Letter’s of Appreciation and Letter’s of Commendation since I was an E-1.  I always left good impressions in the five commands I served under.  I did not leave any command without an end of tour award of Navy and Marine Corps Achievement Medal.  I had a goal while on active duty and it was to advance up to the highest enlisted level (E9).  I was also planning on submitting a package for LDO, however, my life had to take a quick turn.  I believe I deserve an “Honorable” discharge instead.  Please change to “Honorable”.

I was proud of my service.  I think my service record shows what kind of Sailor I was.  I believe it is wrong to label someone for the rest of their life based on a single such “mistake”.  Please look at my accomplishments and achievements. I kindly ask to change the “character of service“ (item #24 on DD 214)

“2. I am currently working for the Department of Defense as a Federal Employee (GS-5) at Training Squadron TWENTY-SEVEN as the Commanding Officer’s Secretary.  I am able to still do what I love most (yeoman duties).  I know I’m good at what I do, because I have the passion for it.

Sincerely, N__ C__                       

Documentation

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

Letter from Applicant dtd April 14, 2005
Navy and Marine Corps Achievement Medal Certificate dtd May 12, 2003
Evaluation Report & Counseling Record 
Recommendation ltr from D. P. V___, dtd February 10, 2005
Reference ltr from M__ W. R___, dtd February 23, 2005
Recommendation ltr from K. W. B___, dtd February 15, 2005
Recommendation for Upgrading Separation Discharge ltr from L___ W. P___, dtd February 10, 2005 
Recommendation for Upgrade ltr from G. A. M___, dtd February 25, 2005
Reference ltr from Fr. C___ D. S___, dtd March 24, 2005

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	19941012 – 19941108		COG
	Active:   USN 			19941109 – 20010103		HON

Period of Service Under Review:

Date of Enlistment:  20010104		Date of Discharge:  20030703

Length of Service (years, months, days):

	Active:    02 05 29		(08 07 24 total service) 
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  none
	Confinement:		  none

Age at Entry:  26

Years Contracted:  6

Education Level:  12				AFQT:  42

Highest Rate:  YN1

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  5.0 (4) 	Behavior:  4.0 (4)	OTA:  4.47

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  N&MC Achievement Medal (5), Joint Meritorious Unit Award, Meritorious Unit Commendation, Navy “E” Ribbon, Good Conduct Medal (3), National Defense Service Medal (2), Armed Forces Service Medal, Humanitarian Service Medal, Sea Service Deployment Ribbon (2), N&MC Overseas Service Ribbon, NATO Medal, Sharpshooter Pistol Ribbon, Kosovo Campaign Medal, USCG Special Operation Service, USCG Meritorious Unit Commendation, Enlisted Aviation Warfare Specialist Insignia

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

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

Chronological Listing of Significant Service Events: 

010104:	Reenlisted for 6 years. 

010907:	NJP for violation of UCMJ, Article 81: Conspiracy, Article 92: Dereliction of duty, Article 123: Forgery and Article 134: Soliciting another to commit an offense.
	Award:  Restriction to NAS Corpus Christi TX for 30 days, (suspended for 6 months), Forfeiture to forfeit $889.65 pay per month for 2 months, (1 month suspended for 6 months), reduction to next inferior pay grade (06 months suspended), extra duties for 30 days (15 days suspended for 06 months).  No indication of appeal in the record.

030430:	Retention Warning:  Advised of deficiency (Failure to comply with NAVPERS 1740/6, Dependent Care Certificate.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

030509:	Family Care Plan Certificate:  Applicant indicated that she is unable to comply with the Navy's policy for dependent care. 

030512:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government-parenthood.

030522:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to submit a written statement for consideration by the separation authority and the right to obtain copies of the documents used to support the basis for the separation.

030603:	OIC, AIMD, recommended discharge by reason of convenience of the government due to Parenthood.  Officer in Charge comments:  Petty Officer C___ has been a top performer and a productive member of this command.  Petty Officer C___ desires to continue Naval service but as discussed between her and the entire chain of command, it is in the best of the family that the active duty member be separated from Naval service.  I recommend Petty Officer C___ be separated from the naval service due to parenthood.

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030703 by reason of convenience of the government due to parenthood or custody of minor children (A) with a service characterization of general (under honorable conditions).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper however inequitable (B and C).  

Issue 1:  The Applicant contends her discharge was inequitable based upon her overall service.  Under applicable regulations, separations based on parenthood or custody of minor children should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted.  The Applicant’s service record was marred by award of nonjudicial punishment and would normally rate a characterization of service of general (under honorable conditions).  The Board reviewed the Applicant’s stellar performance evaluation averages, recommendation for retention including ranking as “early promote”, Navy and Marine Corps Achievement Medals, personal recommendations from the OIC, AOIC, and CMC of her last command, other former CO’s and CMC’s, selection as Junior Sailor of the Quarter and nominee for Senior Sailor of the Year.  Based upon this review the majority of the NDRB concluded the quality of the Applicant’s service is so meritorious that any other characterization of service would be inappropriate.  After careful consideration of the evidence of record as well as the Applicant’s submissions, by a vote of 3 to 2 the Board concluded that relief is warranted based upon equity.  The characterization of service shall be upgraded to “honorable.”  The Board voted unanimously that the narrative reason shall not change.  Relief granted.

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 V, Para 502, Propriety.

C.  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