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NAVY | DRB | 1999_Navy | ND99-00101
Original file (ND99-00101.rtf) Auto-classification: Denied


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

ex-OS2, USN
Docket No. ND99-00101

Applicant’s Request
The application for discharge review, received 981021, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990927. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. 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 3620200.

The NDRB did note an administrative error on the original DD Form 214. Block 18, Remarks, should contain the following: “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20 NOV 89 UNTIL 19 OCT 93”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I SEPARATED ON 96JAN23 WITH A "GENERAL UNDER HONORABLE" DISCHARGE. MY SEPARATION RESULTED FORM MY OBTAINING CUSTODY OF MY SON. EVERY SEPARATION PRIOR TO MY LAST ONE (ON 96JAN93) WAS HONORABLE. I HAD NO NJP'S OR DISCIPLINARY PROBLEMS IN MY ALMOST TEN YEARS OF ACTIVE DUTY.

2. I HAVE BEEN DENIED THE USE OF MY GI BILL BENEFITS BECAUSE OF THE CHARACTER OF MY DISCHARGE. WITH ALL DUE RESPECT TO THE BOARD, I FEEL THIS IS VERY UNJUST. I DO NOT THINK THAT GAINING CUSTODY OF MY SON SHOULD BAR ME FROM MY BENEFIT(S).

3. I RESPECTFULLY REQUEST THAT THE CHARACTER OF MY DISCHARGE BE CHANGED TO HONORABLE SO THAT I MAY USE MY GI BILL.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter to the Board dated 06oct 98
Copy of DD Form 214 (Copy 4 and 1)
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        891121 - 931019  HON
                  USN                       860218 - 891120  HON
         Inactive: USNR (DEP)     860114 - 860218  COG

 Period of Service Under Review :
Date of Enlistment: 931020               Date of Discharge: 960123

 Length of Service (years, months, days):

         Active: 02 03 04
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

Education Level: 12                        AFQT: 47

 Highest Rate: OS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.7 (2)     Behavior: 3.7 (2)                 OTA: 3.73 (4.0 evals)
1.0 (1)                  2.0 (1)                           1.71 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, B"E"R (2), GCMUC (w/Operational Device), GCM(2), NDSM, SSDR(2)

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 3620200.

 Chronological Listing of Significant Service Events :

950920:  Applicant awarded full custody of dependent.
951220:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government due to parenthood.

951210:  Applicant advised of his 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. Applicant did not object to the discharge.

960123:  Applicant discharge with an general under honorable conditions by reason of convenience of the government due to parenthood. Applicant entitled to separation pay.

960124:  Applicant enlisted USNR for term of three years to satisfy the requirement for receipt of separation pay.

960128:  Commanding officer advised BUPERS that applicant was discharge on 23 Jan 96 for convenience of the government on the basis of parenthood.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960123 with a general (under honorable conditions) for convenience of the government due to parenthood or custody of minor children (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The applicant submitted issues stating a desire to upgrade his discharge to Honorable based upon the fact he had not had any Non Judicial Punishment in his nearly ten years of service and has subsequently been denied use of his GI Bill benefits because of his current discharge. The Board found the discharge to be equitable and proper, and believes the applicant’s significantly lower evaluation marks in his last two years of service influenced the discharge characterization determination.

The applicant is also reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. The applicant is strongly advised to make arrangements for a personal appearance hearing before the NDRB.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective
22 Jul 94 until 23 Jun 96), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B. The Naval Military Personnel Manual, (NAVPERS 15560C), effective 22 Jul 94 until 02 Oct 96, Article 3620215, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PARENTHOOD.

C. 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.

D. 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.

E. 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 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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     

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