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NAVY | DRB | 1999_Navy | ND99-00450
Original file (ND99-00450.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND99-00450

Applicant’s Request
The application for discharge review, received 990210, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned the discharge was improper in the characterization and basis of the applicant’s service. The Board’s vote was unanimous that the character and basis of the discharge shall change. The discharge shall change to: HONORABLE/PARENTHOOD, authority: NAVMILPERSMAN, Article 19101.D


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Block 11 - I was working 2 years in AZ Rate, and 1.5 year in ABH rate. I have no knowledge of electrical/mechanical field. Block 14 - I went to VIDS MAF/SCIR School/CAT school also. Block 28 - I was seperated for parenthood not for misconduct.

2. Block 24 & 28 - I put in for parenthood discharge and I had missed ship's movement due to this problem. My division was fully aware of my situation. I went to Captain's mass and was put on restriction but being discharged was never brought up at mass. I wrote to T_ F_ (Florida State Congressman) she in return sent me a letter from the Capt. stating that I would be discharged parenthood under honorable conditions.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Member 1)
Ten pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950104 - 950129  COG

 Period of Service Under Review :
Date of Enlistment: 950130               Date of Discharge: 980622

 Length of Service (years, months, days):

         Active: 03 04 23
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 10 GED           AFQT: 38

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NER, AFEM, AFSM, GCM, SSDR

 Days of Unauthorized Absence: 7

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

980507:  NJP for violation of UCMJ, Article 86: Absent from unit 2200, 5 April - 1342, 13 April 1998, violation of UCMJ Article 87: Miss movement through neglect 6 April 1998.
         Award: Forfeiture of $400 per month for 1 month, restriction and extra duty for 45 days, reduction to AA. Restriction and extra duty for 15 days and reduction suspended for 6 months. No indication of appeal in the record.
980514:  Retention Warning: Advised of deficiency (Unable to perform duties because of parenthood, unable to deploy because of parenthood, not world-wide assignable or deployable.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, issued discharge warning, and given 30 days to comply.

980527:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and parenthood.
980527:          Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
980610:  Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense. Commanding officer’s comments (verbatim): AN (applicant) received nonjudicial punishment on 7 May 1998 for an unauthorized absence and missing ship's movement. She is unable to comply with her Navy Family Care Plan Certificate (NAVPERS 1740/6) and she has violated a Page 13 counseling/warning regarding the same issue. I have directed that AN (applicant) be separated from the naval service with a general discharge (under honorable conditions) for misconduct due to commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980622 general (under honorable conditions) for misconduct due to commission of a serious offense (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 not proper (C and D).

In the applicant’s issue, the Board found that the command failed to provide the applicant the 30 days to comply with the retention warning as was indicated in same. The command began processing the discharge 13 days after the retention warning was given, clearly in conflict with the guidance given the applicant in same. The Board determined the appropriate basis for the discharge should be parenthood, not misconduct. Relief granted.

 Pertinent Regulation/Law (at time of discharge)
 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until Present, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE .
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, DC 20374-5023       


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