Author: CAP
Last saved by: joseph.curtis
Company: NCPB

Docket No. ND06-00738

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

FOR OFFICIAL USE ONLY

ex-AOAN, USN
Docket No. ND06-00738

Applicant’s Request

The application for discharge review was received on 20060509.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070301.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB determined that the Applicant’s discharge was proper but the characterization of service was inequitable.  The Board’s vote was unanimous that the characterization of service shall change to HONORABLE but the narrative reason for separation shall remain Convenience of the Government due to Parenthood or Custody of Minor Children.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

	No decisional issues.

Documentation

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

Applicant’s DD Form 214 (Member 1)
Applicant’s DD Form 214 (Member 4)
GI Bill Application
Evaluation Report & Counseling Record (2 pgs)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20001027 - 20001127	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20001128		Date of Discharge:  20030205

Length of Service (years, months, days):

	Active:    02  02  08  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4 

Education Level:  09	 (GED)			AFQT:  57

Highest Rate:  AOAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.0 (1) 		Behavior:  3.0 (1)			OTA:  3.50

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Sea Service Deployment Ribbon, National Defense Service Medal, Navy Unit Commendation Ribbon.

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: 

011104:	Applicant advised that she failed Physical Fitness Assessment.

020912:	Family Care Plan Certificate:  Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

021028:	Retention Warning:  Advised of deficiency (Navy Family Care Plan Certificate indicating you cannot comply with the provisions of the program), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

021120:	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.

021126:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

030102:	Commanding Officer, USS JOHN C. STENNIS (CVN 74), recommended discharge with an Honorable by reason of convenience of the government-parenthood as evidenced by her failure to comply with the Navy’s Family Care Program.

030127:	CNPC directed the Applicant's discharge with type warranted by service record by reason of parenthood or custody of minor child.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030205 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 but inequitable (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

By regulation, a discharge shall be deemed proper, unless it is determined that an error of fact, law, procedure, or discretion has substantially prejudiced the rights of the Applicant.  The record reveals that the Applicant was properly notified for separation by reason of convenience of the government – parenthood on 20021120 with a least favorable characterization of general (under honorable conditions).  On 20030102, the Commanding Officer, USS JOHN C. STENNIS, recommended that the Applicant be separated with an Honorable discharge by reason of convenience of the government - parenthood.  On 20030127, CNPC directed the Applicant’s discharge with a characterization warranted by service by reason of parenthood or custody of minor child.  A review of the Applicant’s service record convinced the Board that a preponderance of evidence exists to support the Applicant’s basis for separation by virtue of her inability to comply with the Navy’s policy for dependent care.  However, her record did not document any record of nonjudicial punishments, disciplinary actions, or other significant negative aspects during her period of service.  Additionally, her performance evaluation averages are sufficient to merit an honorable discharge.  Based upon the above review, the Board unanimously concluded that the Applicant’s discharge shall change to Honorable by reason of parenthood or custody of minor children.  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 post-service accomplishments or any other evidence related to the 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.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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