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NAVY | DRB | 1999_Navy | ND99-00402
Original file (ND99-00402.rtf) Auto-classification: Denied


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

ex-MSSN, USNR
Docket No. ND99-00402

Applicant’s Request
The application for discharge review, received 990128, 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 991206. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned that while the discharge was proper, the Board found inequity in the characterization of the applicant’s service. The Board’s vote was 4 to 1 that the character of the discharge shall change. The discharge shall be upgraded to: HONORABLE/PREGNANCY, authority: NAVMILPERSMAN, Article 1910-112 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. MY DISCHARGE WAS INEQUITABLE BECAUSE IT WAS BASED UPON ONE NJP THAT I RECEIVED TWO YEARS PRIOR TO MY DISCHARGE AND MY EVALS. I ALSO WAS COUNSELED ON MY INVOLVEMENT WITH UNAUTHORIZED USE OF THE TELEPHONE, BUT I WAS NEVER CHARGED WITH THIS VIOLATION, I WAS ONLY COUNSELED ON THIS MATTER AND INSTRUCTED TO PAY THE BILL IN FULL, WHICH I COMPLIED WITH. I RESPECTFULLY REQUEST THAT THE BOARD TO RECONSIDER MY DISCHARGE FROM A GENERAL TO AN HONORABLE GRANTING ME THE SECOND CHANCE TO ASK WHAT CAN I DO FOR MY COUNTRY AND NOT WHAT CAN MY COUNTRY DO FOR ME. I KNOW OF MANY SAILORS THAT HAVE MADE SIMILAR MISTAKES AND WAS GRANTED A SECOND CHANCE TO TRULY SHINE. I PAID THE PRICE OF MY MISTAKES WHILE IN THE MILITARY AND I TAKE FULL RESPONSIBILITY FOR MY ACTIONS. I WAS UNDER A LOT OF STRESS DUE TO THE UNTIMELY DEATH OF MY STEPFATHER, MY UNPLANNED PREGNANCY, AND MY COMMAND ALL PLAYED A PART IN ME MAKING THE MISTAKE OF LEAVING THE MILITARY THE WAY I DID, BECAUSE I WAS ABLE TO REENLIST IN JULY. SO I RESPECTFULLY REQUEST THAT THE BOARD RECONSIDER MY DISCHARGE STATUS BASED UPON THAT I WAS ONLY ONLY CHARGED WITH ONE ARTICLE 15 AND THAT I WAS COUNSELED ON THE OTHER MATTER. THANK YOU FOR YOUR TIME AND CONSIDERATION.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Character Reference letter of Jan 15, 1999 (family member)
Character Reference letter of Jan 15, 1999 (family member)
2 Statements by the Applicant to the Board dated Jan 22, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 950128               Date of Discharge: 980521

 Length of Service (years, months, days):

         Active: 02 09 26
         Inactive: 00 05 28

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 32

 Highest Rate: MSSN (E-3)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.0 (1)     Behavior: 2.00 (1)                OTA: 2.33 (5.0 eval)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PREGNANCY, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

950726:  Commenced 36 months active duty under the Seaman Apprenticeship Program.
960207:  NJP for violation of UCMJ, Article 121: larceny.
         Award: Forfeiture of $435 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
980126:  Branch Medical Clinic, NAS Fallon, NV: Notified the applicant and her command of her pregnancy care procedures and provided estimated date of delivery as 26 Aug 98.
980423:  Applicant requested discharge due to pregnancy with an EAOS of 26JUL98.

980424:  Command approved applicant's request.

980521:  Applicant counseled concerning pregnancy care subsequent to discharge.

980521:  NAS Fallon, NV discharged applicant with a General (Under Honorable Conditions) due to pregnancy.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged, at own request, on 980521 with a general (under honorable conditions) due to pregnancy (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 but not equitable (C and D).

The Board found the characterization of service as GENERAL (UNDER HONORABLE CONDITIONS) inequitable. The applicant served for a period of almost three years. The applicant’s only NJP was for larceny two years prior to her discharge. The only evaluation for the Board to consider was the one submitted upon the applicant’s discharge. The Board found the evaluation’s abnormally low marks highly suspect given there was no justification for the marks given. The Board voted 4 to 1 to upgrade the applicant’s discharge to HONORABLE/PREGNANCY.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until Present, Article 1910-112 (previously 3620220), Separation by Reason of Convenience of the Government - Pregnancy or Childbirth .

B. 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.

C. 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.

D. 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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