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NAVY | DRB | 1997_Navy | ND97-01361
Original file (ND97-01361.rtf) Auto-classification: Denied


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

ex- AR, USN
Docket No. ND97-01361


 Applicant’s Request
The application for discharge review, received 970909, requested that the reason for her discharge be changed to “by reason of convenience of the Government ‘hardship’”. The applicant requested a documentary discharge review and listed no representative on her DD-293.


Summary of Review

A documentary discharge review was conducted in Washington, D.C. on 980908. The NDRB determined that the discharge properly and equitably reflects the quality of service rendered. The discharge shall remain: HONORABLE/PARENTHOOD, authority: NAVMILPERSMAN, Article 3620200.

GEN-86n

THIS IS A GENERIC SHELL FOR NAVY CASES: 11 SEP 86 until 27 Jun 93 .
SPD CODES ARE LISTED IN NAVMILPERSCOMINST 1900.1B, effective 11 Sep 86 until 27 Jun 93 .
 . Block 24, Character of Service (Enter in all capital letters. See enclosure 1, page 16)
HONORABLE
UNDER HONORABLE CONDITIONS (GENERAL)
ENTRY LEVEL SEPARATION (Uncharacterized)
UNDER OTHER THAN HONORABLE CONDITIONS
BAD CONDUCT
DISHONORABLE
 VOID (Uncharacterized)

MILPERSMAN Changes effective 11 Sep 86 until 27 Jun 93.

        
NAV               CH                EFFECTIVE                          NAV               CH                EFFECTIVE
15560             1/86              860129 - 861005          15560A   9                 891214 - 900321

15560             4/86              861006 – 861214           15560A   10                900322 - 900613

15560             7/86              861215 – 870104           15560A   11                900614 - 900701

15560             10/86             870105 – 870614           15560A   12                900702 - 901011

15560A   New               870615 – 880131           15560A   13                901012 - 901221

15560A   1                 880201 – 880306           15560A   14                901222 - 910814

15560A   2                 880307 – 880322           15560C   New               910815 - 920310

15560A   3                 880323 – 880911           15560-C  1                 920311 - 920331

15560A   4                 880912 – 881009           15560C   2                 920401 - ______

15560A   5                 881010 – 890110           15560C   3                 ______ - 921013

15560A   6                 890111 – 890524           15560C   4                 921014 - 930304

15560A   7                 890525 – 890820           15560C   5                 930305 - 930426

15560A   8                 890821 – 891213           15560C   6                 930427 – 930729

PART I - APPLICANT’S ISSUES (verbatim)


 1. The Honorable Discharge has an improper narrative reason for separation. It reads “parenthood” and it should read “hardship” or “dependency”. “Parenthood” is not a narrative according to the military code book and should read “Hardship or dependency”. Please see attachment. 1

RECORDER’S NOTE:

 1 The attachment is a “post-it” note that says: “According to Naval definitions for discharge under 2 yrs of service but not due to ‘Pregnancy’. [Parenthood → Should be ‘Harship’].”

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active:  None
         Inactive:        USNR (DEP)                880331 – 880807           COG

 Period of Service Under Review :
Date of Enlistment: 880808                        Date of Discharge: 890410

 Length of Service (years, months, days):

         Active: 00 08 00
         Inactive: None

 Age at Entry: 32                                   Years Contracted: 4

 Education Level: 12                                 AFQT: 68

 NEC: DG-9710                                      Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 3.00 (1)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Nonjudicial Punishment(s): 1              Court(s)-Martial: None

 Days of Unauthorized Absence: 2

 Character, Narrative Reason, and Authority of Discharge:
HONORABLE/PARENTHOOD, authority: NAVMILPERSMAN, Article 3620200.

PART III - CHRONOLOGICAL LISTING OF SIGNIFICANT SERVICE EVENTS1

 880331:  Acknowledged parenthood of dependent children, M_ H_ G_, M_ J_ G_ and L_ L_ S_, and certified that custody had been transferred to L_ S_ pursuant to the order of a court of competent jurisdiction. “If, prior to the expiration of my term of enlistment, I regain custody of the children and such action interferes with the performance of duties, inability to perform prescribed duties, repetitive absenteeism, or non-availability for world-wide assignment because she cannot arrange for care of dependents during her absence may result in disciplinary action and involuntary separation from the naval service.” [Date extracted from other documents issued by Commanding Officer, Naval Recruiting District, Chicago, IL.]

880809:  Joined CRUITRACOM Orlando, FL.

880815:  Acknowledged parenthood of dependent daughter, L_ L_ S_, and certified that custody had been transferred to L_ S_ pursuant to the order of a court of competent jurisdiction. “If, prior to the expiration of my term of enlistment, I regain custody of the children and such action interferes with the performance of duties, inability to perform prescribed duties, repetitive absenteeism, or non-availability for world-wide assignment because she cannot arrange for care of dependents during her absence may result in disciplinary action and involuntary separation from the naval service.”

881007:  Joined Aviation Electronics Technician Class “A” School at Naval Air Technical Training Center (NATTC), Millington, TN.

881202:  Applicant’s statement to NATTC Command Investigator: “I make this statement of my own free will and without any threats or promises extended to me. I fully understand that this statement is given concerning my knowledge of the dependency status of my children. I have three natural children, aged 15, 14, and 5 respectively. The 15 year old is afflicted with Down’s Syndrome. I gave custody of these children to their father when I enlisted in the Navy, and listed them as dependents. Subsequently, their father abandoned them, leaving me with the responsibility of caring for them. I now have the children in Millington, TN with me and due to the unique nature of the care required for the Down’s Syndrome child, I am presently unable to attend my Navy school nor attend to my military duties. I basically muster each day and then go care for my children. I do not know if I will be able to change this situation within the next thirty days, or ever for that matter. I did not intentionally bring this situation about, it is a result of circumstances. I have read and understand this statement which was typed by MACS S_ as we discussed it. It is true, correct and accurate to the best of my knowledge and belief, So Help Me. GOD.”

881202:  Retention Warning: Advised of deficiency (inability to maintain worldwide availability due to dependents. Applicant further advised that should she be unable to perform prescribed duties, have repetitive absenteeism, or be unable to maintain world-wide assignment because she cannot arrange for care of dependents during your absence may result in involuntary separation or disciplinary action); notified of corrective actions and assistance available; advised of the consequences of further deficiencies, and issued a discharge warning. Receipt acknowledged.
881202:  Acknowledged OPNAV 1740/1 (Dependent Care Certificate) which stated, “I have not and cannot comply.”
881215:  NJP for violation of UCMJ, Article 86: Unauthorized absence (UA) from 1200, 881125 until 1230, 881128 (3 days/Surrendered onboard NATTC Millington, TN).
 Award: Restriction for 14 days. Restriction suspended for three months. There was no indication of an appeal in the record.
881215:  Retention Warning: Advised of deficiency (UA); notified of corrective actions and assistance available; advised of the consequences of further deficiencies, and issued a discharge warning. Receipt acknowledged.

 890111:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of Convenience of the Government for parenthood as evidenced by applicant’s failure to perform duty assignments and inability to maintain worldwide availability due to parenthood. Receipt acknowledged.
890111:          Applicant advised of her rights and 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. Applicant did not object to separation. Receipt acknowledged.
                 
890124:  Commanding officer recommended discharge as type warranted by service record for the Convenience of the Government due to parenthood. Commanding officer’s verbatim comments: Airman Recruit G_ is a 32-year old single, female with three dependent children. She gave up custody of her three children ages 15, 14, and 5 to their natural father to enter the naval service. Airman G_ never married the children’s father. Upon entry into the Navy, the children’s father abandoned them; thereby, forcing Airman Recruit G_ to take care of them. The 15-year old child has Down’s Syndrome and requires special treatment which is not affordably available for her in this area. She is unable to maintain worldwide availability and is currently mustering each day and then allowed to go home and care for her children. She is not a productive member to the naval service or this command. She filled out the OPNAV 1740/1 and simply stated that she could not comply after each question. She has been counseled via a Page 13 entry in her service record concerning her deficiencies, yet because her situation still persists she cannot comply. In my opinion she has no potential for future active naval service; therefore, I recommend separation with the type of discharge warranted by service record by reason of Convenience of the Government.

890315:  Applicant requested leave/leave without pay and allowances pending completion of administrative separation case. Request approved.

890331:  NMPC directed the applicant's discharge as type warranted by service record by reason of Convenience of the Government due to parenthood.

000410:  Discharged HONORABLE/PARENTHOOD, authority: NAVMILPERSMAN, Article 3620200.

890712:  DD Form 215 issued to correct applicant’s discharge date to 890410.
RECORDER’S NOTES:

 1 The source for all entries is the service record (includes medical/dental record) unless otherwise noted. The service record is incomplete.

PART IV - EXTRACT OF PERTINENT REGULATION/LAW
A. 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, states, in part:

“2.9 Evidence Supporting Applications

In the absence of law, evidence or policy to the contrary, naval discharge shall be considered just, equitable and proper as issued. When hearings are scheduled, applicants must be prepared to present their case at the scheduled time. In the absence of any other evidence, naval discharge review shall be undertaken by examination of available service and health records of the applicant. Normally, the responsibility for presenting evidence from outside available service and health records shall rest with the applicant. Applications in which elements of relevant information are obviously omitted will be returned for completion and resubmission.

2.10 Review Action in Instances of Unavailable Records

In the event that Department of the Navy personnel or health records associated with a requested review of discharge are not located at the custodial activity, the following action shall be taken by the NDRB prior to consideration of the request for discharge review.

a. A certification that the records are unavailable shall be obtained from the custodial activity.

b. The applicant shall be notified of the situation and requested to provide such information and documents as may be desired in support of the request for discharge review. A period of not less than 30 days shall be allowed for such documents to be submitted. At the expiration of this time period, the review may be conducted with information available to the NDRB.

c. The presumption of regularity in the conduct of government affairs may be applicable in instances of unavailable records depending on the circumstances of the case. (See paragraph 2.11)
2.11 Regularity of Government Affairs

There is a presumption of regularity in the conduct of governmental affairs. This presumption can be applied in any review unless there is substantial credible evidence to rebut the presumption.”

B. Naval Military Personnel Manual, (NAVPERS 15560A, Change 6, effective 11 Jan 89 until 13 Dec 89), Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT, states:

1. Commander, Naval Military Personnel Command, may authorize or direct the separation of enlisted or inducted members prior to the expiration of enlistment or other obligated service for any one of the reasons listed here. The term "separation" as used in this article includes discharge, transfer to the Naval Reserve and concurrent release to inactive duty, release to inactive duty in certain cases of naval reservists serving on active duty who have service obligation time remaining, or transfer of inactive duty members from the Selected Reserve to the Individual Ready Reserve. A member may not request separation per this article for reasons pertaining to involuntary discharge/separation. Separation of a member for Convenience of the Government shall not be effected until all outstanding disciplinary actions involving the member have been resolved.

a. Dependency or Hardship. Upon request of the member and concurrence of Commander, Naval Military Personnel Command, separation may be directed when genuine dependency or undue hardship exists. Procedures for submission of hardship or dependency requests are prescribed in MILPERSMAN 3620210.

b. Pregnancy/Childbirth. Upon request of member. Procedures and guidelines are prescribed in MILPERSMAN 3620220.

c. Parenthood. Separation may be directed by Commander, Naval Military Personnel Command (NMPC-243), if the member is unable to perform duties assigned, is repetitively absent, or is unavailable for worldwide assignment or deployment due to parenthood. Commands may not initiate separation processing until the member has been counselled formally per paragraph 4 of this article concerning deficiencies and has been afforded an opportunity to overcome those deficiencies. Prior to involuntary separation under this paragraph, the Notification Procedure, MILPERSMAN 3640200, shall be used. In addition to the formal counselling, the following minimum documentation is required and must be presented with each request:

- Signed copy of member's OPNAV 1740/1, Navy Dependent Care Certificate.

- The commanding officer's comments concerning each item on OPNAV 1740/1 which cannot be complied with by the member and the reasons for non-compliance. Comments/statement should include the command's efforts to confirm the member's situation.

- If member is married to another military member, documentation of the liaison with the spouse's command.

- A detailed report of all other facts to be considered, encompassing, but not limited to, work time lost due to parenthood, effect on the job performance, member's inability to go TAD, deploy, stand watches or fulfill operational requirements. The commanding officer should also advise the NMPC-243 of extenuating circumstances which may exist such as medical/financial problems or other family problems which have an effect on the member's parenthood situation.

d. Conscientious Objection. A member may be separated if authorized under DOD directive 1300.6 Subj: Conscientious Objectors. Procedures for submission of application are prescribed in MILPERSMAN 1860120.

e. Surviving Family Member. A member may be separated if authorized under DOD directive 1315.7 Subj: Special Assignments and Discharge Policies for Family Members. Procedures and guidelines [are] prescribed in MILPERSMAN 3620240 and 3620245.

f. Other Designated Physical or Mental Condition. Member may be separated on the basis of designated physical or mental conditions considered inherent or developmental defects that do not constitute a physical disability. Such conditions would be those considered to interfere with a member's performance of duty or pose a threat to his or her safety or well-being, and may further render an individual incompatible with the naval service. These conditions include, but are not limited to, somnambulism (sleepwalking), enuresis (bedwetting), personality disorders, (as described in the Diagnostic and Statistical Manual (DSM III) of [M]ental Disorders), excessive height and obesity. In most cases, a medical board is neither required nor desired; however, to ensure adequate evaluation to rule out any underlying disease and to ensure establishment of the diagnosis, the following minimum documentation is required and must be presented with each request:

(1) Somnambulism

- Sworn statements from military members documenting at least one sleepwalking episode. The episode must be witnessed by at least two military members.

- Copy of medical evaluation (must be legible and readable copies or signed transcriptions thereof). Diagnosis of somnambulism required.

- Copy of Page 9, NAVPERS 1070/609, Enlisted Performance Record

(2) Enuresis

- Urological Evaluation (must be legible and readable copies or signed transcriptions thereof)

- Copy of Page 9 (NAVPERS 1070/609).

(3) Personality Disorders.

- Copy of Page 13 NAVPERS 1070/613, Administrative Counselling in accordance with paragraph 4 of this article.

- Copy of Page 9 (NAVPERS 1070/609).

- Copies of all Psychiatric Evaluations (must be legible and readable copies or signed transcriptions thereof).

- The commanding officer is the initial authority responsible for determining if and when a member shall be processed for separation by reason of Convenience of the Government due to personality disorder.

- Members may be separated for personality disorders provided (1) medical diagnosis is made by competent military medical authority which concludes that member's disorder is of such severity as to render member incapable of serving adequately in the naval service; (2) there is documented interference with performance of duty; and (3) counseling is [sic] in accordance with paragraph 4 of this article is completed. For the purpose of this paragraph, military medical authority is defined as a medical officer specializing in psychiatry or a clinical psychologist. The information and any recommendation made by the military medical authority are for command use in determining the proper course of action; however, it must not be construed as the total justification for immediate processing for separation. Evidence such as reduction in performance marks, minor disciplinary infractions, work disruptions, etc., which persist in spite of a reasonable attempt by the command in correcting deficiencies through leadership, non-medical counseling and, when appropriate, disciplinary action, would be supportive as documented interference with performance of duty. Documented interference must be part of the commanding officer's endorsement, as mere presence of a personality disorder is not a bar to naval service. The commanding officer's concurrence with the medical evaluation for discharge will cite specific examples of how the diagnosed disorder interferes with the performance of the member’s duty.

- As the only exception to the prescribe policy, the administrative counseling, done on the NAVPERS 1070/613, will not be required in those instances where the medical authority has evaluated a member as being self-destructive and/or a continuing danger to him or herself and others. In these cases, immediate processing for administrative separation may be initiated. This does not imply automatic approval of the discharge request, only expeditious consideration. When appropriate, the member may be transferred TAD to the nearest separation activity. TEMDU transfer will not be authorized until complete documentation is presented indicating a need for transfer ashore and must be authorized by NMPC-242. The transferring activity should submit the discharge request prior to transfer of the individual. If this is not possible, the transferring activity is responsible for ensuring that the receiving command has all information necessary to make a comprehensive request.

- When a member is referred for psychiatric evaluation because of a possible personality disorder, commanding officers are expected to maintain liaison with the medical authority to ascertain if any particular action of the command might assist the member in adjusting to naval service. In this regard, medical authorities will be furnished with service records and any other available documents of the member's performance to assist in their final evaluation. Information concerning psychiatric evaluation and the evaluations themselves shall not be transmitted through or by the member concerned nor should the member be led to believe that separation is or is not assured.

- Prior to processing for separation, counseling as specified in paragraph 4 of this article must be accomplished.

- Processing is commenced by use of the Notification Procedure, MILPERSMAN 3640200. Cases shall be forwarded to Commander, Naval Military Personnel Command (NMPC-242) for disposition.

- Message requests for personality disorder separation should be reserved for unusual circumstances or for cases where there is immediate danger to the individual or to other. If the necessity arises to submit a message case, the complete psychiatric evaluation must be quoted verbatim.

- When members are transferred or impending transfer from the processing command, this should be indicated in the commanding officer's comments.

- If separation is warranted on the basis of unsatisfactory performance or misconduct, the member shall not be processed under this section regardless of the existence of a personality disorder.

(4) Motion/Air Sickness

- Otolaryngology (ENT) Consultation (must be legible and readable copies or signed transcriptions thereof).

- Copy of health record entries relating to treatment of condition.

- Copy of Page 9 (NAVPERS 1070/609).

(5) Allergies

- Allergy/Internal Medicine Evaluation (must be legible and readable copies or signed transcriptions thereof).

- Copy of Page 9 (NAVPERS 1070/609).

(6) Excessive Height

- Orthopedics Consultation (must be legible and readable copies or signed transcriptions thereof.)

- Copy of Page 9 (NAVPERS 1070/609).

(7) Obesity/Weight Control (See MILPERSMAN 3620250 for additional guidelines)

- Current height, weight, body fat content.

- Copy of Page 13 (NAVPERS 1070/613) placing member on weight program.

- Medical documentation establishing obesity as a result of dietary indiscretion.

f. Aliens. A member who is an alien may be separated at the member's request, with the concurrence of Commander, Naval Military Personnel Command (NMPC-243), on the basis of being an alien who no longer wishes to serve. For the purposes of this article, an alien is defined as an individual who is not a natural born nor a naturalized citizen of the United States. See MILPERSMAN 3620260.

g. Upon the written request of a member enrolled in any of the Navy officer candidate programs, including the Naval Academy, to be disenrolled from such program; or when a member of any of the Navy Officer Candidate Programs, including Naval Academy, is disenrolled from or fails to satisfactorily meet any of the requirements for completion of the officer candidate program in which enrolled, provided the member is not considered qualified for enlisted status. The Chief of Naval Education and Training is authorized to approve the discharge of members disenrolled from such programs, except Naval Academy. Under the direction of the Chief of Naval Education and Training and the Chief of Naval Air Training, the Commanding Officer, Naval Aviation Schools Command is authorized to approve the discharge of members disenrolled from the AOC, NFOC, AI, AMDOC and AVROC Programs. Discharge of a member who request disenrollment or who fails to satisfactory meet requirements for graduation from the Naval Academy is subject to approval of the Secretary of the Navy or the President in accordance with 10 U.S.C. 6961 and 6963. All other requests for separation under this provision is [sic] to be forwarded to the Commander, Naval Military Personnel Command for determination.

h. Review Action. A member may be separated if the member is placed on appellate leave awaiting review of a punitive discharge, in accordance with SECNAVINST 1050.1, and whose punitive discharge is set aside, suspended, remitted, or disapproved during the review process.

2. Full information regarding the reason for separation and a recommendation concerning reenlistment based upon enlisted performance evaluation shall be entered on Page 13 of the service record in connection with all cases within the purview of this article.

3. Characterization of Service or Description of Separation shall be Honorable, General, or Entry Level Separation following guidance in MILPERSMAN 3610300.

4. Separation processing for obesity/weight control/Parenthood or Personality Disorders may not be initiated until the member has been counseled by his or her command concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected on an appropriate Page 13 service record entry. This requirement is particularly important in that a member should not be separated for the reasons above unless there have been documented efforts at rehabilitation. Such efforts must include the following and be documented in the members service record.

- Written notification concerning deficiencies or impairments.

- Specific recommendations for corrective action, indicating any assistance available.

- Comprehensive explanation of the consequences of failure to undertake successfully the recommended corrective actions.

- Reasonable opportunity for the member to undertake the recommended corrective action. Members with broken service have previously demonstrated appropriate military behavior and conformance to military regulations and customs. These members should adapt more rapidly to appropriate military behavior and, therefore, failure to rehabilitate themselves could be evident in a shorter period of time.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, STANDARDS FOR DISCHARGE REVIEW, states, in part:

 “9.2 Propriety of the Discharge
a. A discharge shall be deemed to be proper unless, in the course of discharge review, it is determined that:

(1) There exists an error of fact, law, procedure, or discretion associated with the discharge at the time of issuance; and that the rights of the applicant were prejudiced thereby (such error shall constitute prejudicial error if there is substantial doubt that the discharge would have remained the same if the error had not been made); or

(2) A change in policy by the military service of which the applicant was a member, made expressly retroactive to the type of discharge under consideration, requires a change in the discharge.

b. When a record associated with the discharge at the time of issuance involves a matter in which the primary responsibility for corrective action rests with another organization (for example, another Board, agency, or court), the NDRB will recognize an error only to the extent that the error has been corrected by the organization with primary responsibility for correcting the record.

c. The primary function of the NDRB is to exercise its discretion on issues of equity by reviewing the individual merits of each application on a case-by-case basis. Prior decisions in which the NDRB exercised its discretion to change a discharge based on issues of equity (including the factors cited in such decisions or the weight given to factors in such decisions) do not bind the NDRB in its review of subsequent cases because no two cases present the same issues of equity.

d. The following applies to applicants who received less than fully honorable administrative discharges because of their civilian misconduct while in an inactive duty status in a reserve component and who were discharged or had their discharge reviewed on or after April 20, 1971: the NDRB shall either recharacterize the discharge to Honorable without any additional proceedings or additional proceedings shall be conducted in accordance with the Court’s Order of December 3, 1981, in Wood v. Secretary of Defense to determine whether proper grounds exist for the issuance of a less than honorable discharge, taking into account that:

(1) An other than honorable (formerly undesirable) discharge for an inactive duty reservist can only be based upon civilian misconduct found to have affected directly the performance of military duties;

(2) A general discharge for an inactive duty reservist can only be based upon civilian misconduct found to have had an adverse impact on the overall effectiveness of the military, including military morale and efficiency.”

D. SECNAVINST 5420.174C, enclosure (1), Manual for Discharge Review 1984, Chapter 9, Standards for Discharge Review, paragraph 9.3, Equity of the Discharge, states, in part, that a discharge shall be deemed to be equitable unless in the course of a discharge review, it is determined that relief is warranted based upon consideration of the applicant's service record and other evidence presented to the NDRB viewed in conjunction with the factors listed in this paragraph and the regulations under which the applicant was discharged, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance. Areas of consideration include, but are not limited to:

1. Quality of service, as evidenced by factors such as:

a. service history, including date of enlistment, period of enlistment, highest rank achieved, conduct and proficiency ratings (numerical and narrative);

b. awards and decorations;

c. letters of commendation or reprimand;

d. combat service;

e. wounds received in action;

f. records of promotions and demotions;

g. level of responsibility at which the applicant served;

h. other acts of merit that may not have resulted in formal recognitions through an award or commendation;

i. length of service during the service period that is the subject of the discharge review;

j. prior military service and type of discharge received or outstanding post-service conduct to the extent that such matters provide a basis for a more thorough understanding of the performance of the applicant during the period of service which is the subject of the discharge review;

k. convictions by court-martial;

l. records of nonjudicial punishment;

m. convictions by civil authorities while a member of the service, reflected in the discharge proceedings or otherwise noted in the service records;

n. records of periods of unauthorized absence;

o. records relating to a discharge in lieu of court-martial.

2. Capability to serve, as evidenced by factors such as:

a. Total capabilities. This includes an evaluation of matters such as age, educational level, and aptitude scores. Consideration may also be given as to whether the individual met normal military standards of acceptability for military service and similar indicators of an individual's ability to serve satisfactorily, as well as ability to adjust to military service.

b. Family and personal problems. This includes matters in extenuation or mitigation of the reason for discharge that may have affected the applicant's ability to serve satisfactorily.

c. Arbitrary or capricious actions. This includes actions by individuals in authority which constitute a clear abuse of such authority and that, although not amounting to prejudicial error, may have contributed to the decision to discharge the individual or unduly influence the characterization of service.

d. Discrimination. This includes unauthorized acts as documented by records or other evidence.


PART V - RATIONALE FOR DECISION
Discussion
         After a thorough review of the records, supporting documents 1 , facts, and circumstances unique to this case, the Board determined that the reason for discharge is equitable. The discharge shall remain : HONORABLE/PARENTHOOD; authority: NAVMILPERSMAN, Article 3620200.
         The applicant's records are incomplete, and some factors on which the discharge was based were not available. Specifically, the CO’s comments concerning each item on OPNAV 1740/1 was not found in the record. The applicant failed to submit substantial credible evidence to rebut the presumption of regularity, therefore, the Board presumed regularity in the conduct of governmental affairs (A, Part IV).

          The applicant was separated on 890410 with an Honorable discharge for the convenience of the government due to parenthood (B, Part IV). On 880331, the applicant acknowledged her parenthood of three minor children and the fact that custody of the children had be assigned to L_ S_. She also acknowledged that should she regain custody of her children and not be able to maintain the performance of her duties, have repetitive absenteeism or non-availability for deployment world-wide, she could be involuntarily separated from the Naval Service. On 880815, she acknowledged the possibility of her involuntary discharge should she regain custody of her children. On 881202, the applicant informed her commanding officer (CO) she assumed custody of her three children when they were abandoned by their father. On 881202, she received her first Retention Warning about possible separation for parenthood. On 881202, the applicant completed OPNAV Form 1740/1 (Dependent Care Certificate) in which she stated, “I have not and cannot comply.” On 881215, she had NJP for UA for three days. On 881215, the applicant received a second Retention Warning for UA. On 890111, the applicant was informed of her CO’s intention to recommend her for administrative separation (ADSEP) for parenthood as evidenced by her custody of three children and her inability to maintain world-wide deployability. She chose not to consult with legal counsel prior to waiving all her rights except the right to obtain copies of the documentation being forwarded to the discharge authority in support of her ADSEP. On 890124, the applicant’s CO recommended her for ADSEP with a type warranted by service record for the convenience of the government. On 890331, CNMPC directed the applicant’s discharge: HONORABLE/PARENTHOOD. On 890712, the applicant received a DD Form 215 correcting her discharge date on her DD Form 214 from “000420” to “890410”. The Board found the applicant’s discharge to be both proper and equitable (C and D, Part IV).

 In the applicant’s issue, she writes, “The Honorable Discharge has an improper narrative reason for separation. It reads ‘parenthood’ and it should read ‘hardship’ or ‘dependency’. ‘Parenthood’ is not a narrative according to the military code book and should read ‘Hardship or dependency’. Please see attachment.” In her attachment, she writes, “According to Naval definitions for discharge under 2 yrs of service but not due to ‘Pregnancy’. [Parenthood → Should be ‘Harship’].” The Board directs the applicant to NAVMILPERSCOMINST 1900.1B (Certificate of release or discharge from active duty, DD Form 214) effective 860911 which clearly lists SPN Code: JDG (PARENTHOOD) as a valid reason for separation. Furthermore, the Board finds no time limitation on discharge for parenthood or hardship as mentioned by the applicant. Finally, in order for the applicant to have been discharged for hardship, she would have had to initiate a request for her hardship discharge, run it through her chain of command, and obtained CNMPC approval of her request before she could be separated with a narrative reason of hardship. The Board found no evidence of any request for a hardship discharge by the applicant. Relief will not be granted on the basis of these issues.
Recorder’s Note:

 1 In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Applicant’s DD Form 214
Copy of Applicant’s DD Form 215 dtd 12 July 89 (correcting applicant’s
discharge date)
 Second Page of Commanding Officer, NATTC Millington, TN letter, Ser 1900 Code 012 dtd 890124.


PART VI - INFORMATION FOR THE APPLICANT
Decision

The NDRB discerned no impropriety or inequity in the reason for applicant’s discharge. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain: HONORABLE/ PARENTHOOD; authority: NAVMILPERSMAN, Article 3620200.

If you believe that the decision in your case is unclear, not responsive to the issues that 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809.

 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
                  Building 36 Washington Navy Yard
                  901 M Street, SE
                  Washington, D.C. 20374-5023.

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