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USMC | DRB | 2000_Marine | MD00-00817
Original file (MD00-00817.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00817

Applicant’s Request
The application for discharge review, received 000614, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Secretarial Authority. The applicant requested a documentary record discharge review. The applicant designated the Brooklyn Division of Veterans Affairs as her representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010215. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity, but no impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the reason shall remain the same, but the character of the discharge shall change to: HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: MARCORSEPMAN Par. 6203.1.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Overall period of service was very good.

2. While I received several counseling memos, they all concerned issues of child and child care.

3. I have excellent post service record and responsibilities.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's PERSONAL STATEMENT (facts and circumstances surrounding military discharge) (3 pages)
 Copy of DD Form 214
Applicant's Statement while in USMC concerning situation (undated)
Commanding Officer's recommendation for discharge dtd 9 Jul 97
Applicant's Rebuttal Statement dtd 9 Jul 97
Excerpt from WgO 1700.1L dtd 19 Aug 92 (2 pages)
Applicant's Proficiency and Conduct Marks Recommendation Sheets (7 pages)
Character Reference ltr from employer (P_ C_ Farm) dtd Nov 11, 1999
Character Reference ltr from C_ R_ dtd Dec 5, 1999
 Character Reference ltr from Cooperative Extension Educator 4-H Youth Development/Natural Resources dtd Nov 16, 1999
Note from Chaplain, MAG-14, dtd 9 Jul 97 confirming applicant spoke with him concerning discharge due to dependency.
Dept of VA ltr to applicant dtd Feb 18, 2000 concerning outpatient medical treatment.
Applicant mother's ltr of Jun 22, 97 stating unable to care for granddaughter
Applicant grandmother's ltr of Jun 22, 97 stating unable to care for granddaughter
Applicant great aunt's ltr of Jun 22, 97 stating unable to care for child

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                951222 - 960128  COG

 Period of Service Under Review :
Date of Enlistment: 960129               Date of Discharge: 970805

 Length of Service (years, months, days):

         Active: 01 06 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 37

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (3)                       Conduct: 4.3 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFSM, NATO Ribbon

 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: MARCORSEPMAN Par. 6203.1.

 Chronological Listing of Significant Service Events :

970430:  Applicant acknowledged eligibility but not recommended for promotion to Cpl for the May 97 promotion period because of my lack of maturity.
970516:  Applicant acknowledged eligibility but not recommended for promotion to Cpl for the Jun 97 promotion period because of lack of maturity.
970623:  Applicant acknowledged eligibility but not recommended for promotion to Cpl for the Jul, Aug, Sep 97 promotion periods because of my lack of maturity.
970623:  Counseled for deficiencies (unavailable for worldwide assignment due to failure to establish a child care plan per MCO 1740.12). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
970630:  Sgt D_ S. M_, USMC, provided the Operation Chief, Marine Tactical Electronic Warfare Squadron 4, with a case history event (performance of duty) regarding applicant from 22 Aug 96 to 30 Jun 97. (7 pages)
970701:  S-3 Officer's memo to Commanding Officer concerning applicant's request for mast.
970707:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government due to Parenthood.
970709:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to make a statement and the right to obtain copies of the documents used to support the basis for the separation.

970709:  Applicant spoke with Chaplain regarding her pending discharge due to dependency and possible options.

970709:  Applicant requests an Honorable discharge if separated. She indicates that she has a clean record book with no misconduct and has never been in any trouble and enclosed her statement of 970630 (3 pages) and letters from her mother, grandmother and great aunt.
970710:  Commanding officer recommended discharge with a General (Under Honorable Conditions) by reason of convenience of the government due to parenthood. The factual basis for this recommendation was due to parenting responsibilities which have resulted in repeated absenteeism, interfering with performance of duty and unavailability for worldwide assignment.

970722:  GCMCA [CG, 2d MAW] directed the applicant's discharge with a General (Under Honorable Conditions) by reason of convenience of the government due to parenthood.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970805 with a General (Under Honorable Conditions) by reason of convenience of the government due to parenthood or custody of minor children (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 characterization was proper but inequitable (C and D).

The Board found that the applicant was in the USMC for 1 year and 6 months. The applicant’s proficiency and conduct evaluation marks of 4.3 and 4.3 were above average and the Board found no misconduct during her time in the USMC. In addition, the applicant received the SSDR, AFSM and the NATO ribbon. The Board did find several discrepancies in the service record concerning the applicant’s counselings, which became the justification for the applicant’s characterization of general (under honorable conditions). The applicant was on baby leave beginning 970420, had a child on 970502 and returned to duty in June 97. Two of the three counselings, not recommending her for promotion to Cpl due to maturity, were given during this timeframe (970430 and 970516). The Board would not consider this “proper” counseling for a Marine and the Board finds it hard to believe that the applicant was counseled during her baby leave. Since these counselings were the only basis of the general (under honorable conditions) characterization and the applicant had no other misconduct or retention warnings, the Board finds the discharge characterization inequitable and grants full relief to HONORABLE.

The Board found the reason for discharge was appropriate since the applicant was separated for parenthood. No other narrative reason for separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

In the applicant’s issue 1, the Board agrees the applicant’s service was “good”, which was the reason full relief was granted.

In the applicant’s issue 2, the Board agrees that one of the applicant’s counselings concerned her issue of child care. The other counselings dealt with her “maturity” but it was unclear to the Board what specifically her “maturity” issues were and what corrective actions that she could take to be recommended for promotion to Cpl. The applicant states in her personal statement that it was never explained to her what steps she could take to be recommended for promotion, and the Board gives credibility to her statements since the counselings were done during the applicant’s baby leave.

In the applicant’s issue 3, the Board found the issue of post service is not a consideration since full relief was granted based on the issue of equity.

 Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95), paragraph 6203, CONVENIENCE OF THE GOVERNMENT.

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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