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NAVY | DRB | 1999_Navy | ND99-01212
Original file (ND99-01212.rtf) Auto-classification: Denied


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

ex-ADAN, USN
Docket No. ND99-01212

Applicant’s Request
The application for discharge review, received 990920, 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 000522. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge and the reason for discharge shall change. The discharge shall change to: HONORABLE /PARENTHOOD, authority: NAVMILPERSMAN, Article 1910-156.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Applicant's Counseling dated 11 May 1998
Applicant's Family Care Plan Certificate dated 17 July 1998
Applicant's Counseling dated 17 July 1998
Letter of Commendation dtd 12 Jan 1996
Letter of Appreciation (4)
Commendation Citation
Enlisted Performance Evaluations (6)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950809 - 950827  COG

 Period of Service Under Review :
Date of Enlistment: 950828               Date of Discharge: 981211

 Length of Service (years, months, days):

         Active: 03 03 14
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 34

 Highest Rate: ADAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (5)     Behavior: 2.67 (6)                OTA: 3.0 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/UNSATISFACTORY PERFORMANCE, authority: NAVMILPERSMAN, Article 1910-156.

 Chronological Listing of Significant Service Events :

980511:  Counseled concerning military couples with dependents dependent care policy. Acknowledged must complete a dependent care certificate and failure to do so within 60 days from this date will result in disciplinary action or separation from the service under the reason of convenience of the Government for Parenthood.

980716:  Applicant signed a Page 13 entry acknowledging understanding that she can fulfill current work requirements, but was not worldwide assignable and may continue service at current command. Further acknowledged that she is not reenlistment eligible and will not be allowed to reenlist at EAOS (990827) but will be administratively separated at my PRD (9902) due to my inability to comply with Navy Family Care Policy.

980717:  Applicant signed the Family Care Plan Certificate indicating that she is unable to comply with the regulation.

981201:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of unsatisfactory performance.
981201:  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.

981201:  CO, Sea Control Squadron (SEACONRON) 41 advised NMPC that applicant's discharge was approved and directed with a general (under honorable conditions) by reason of unsatisfactory performance due to member's demonstrated consistent inability to adhere to the Navy's policies and regulations. Commanding Officer’s comments (verbatim): ADAN_____(applicant) has demonstrated a consistent inability to adhere to the Navy’s policies and regulations. In lieu of the facts, ADAN_____(applicant) is being separated from the Naval Service with a General (Under Honorable) discharge.

981211:  SEACONRON 41 advised NMPC to cancel parenthood administrative discharge package; member separated for unsatisfactory performance on 11DEC98.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 981211 with a general (under honorable conditions) for unsatisfactory performance (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 improper (C and D).

The applicant introduced no decisional issues for consideration by the Board.
The Board, after reviewing the applicant’s record, determined impropriety in the characterization and reason for discharge. As per NAVPERS 15560C, change 18, the applicant’s enlisted performance evaluation marks were above 1.0 and the applicant did not violate a NAVPERS 1070/613 as required for Separation by Reason of Unsatisfactory Performance. Relief granted.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), change 18, effective 12 Dec 97 to Present, Article 1910-156 (formerly 3630300), Separation by Reason of Unsatisfactory Performance.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      



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