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NAVY | DRB | 2000_Navy | ND00-00084
Original file (ND00-00084.rtf) Auto-classification: Denied


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

ex-EM2, USN
Docket No. ND00-00084

Applicant’s Request
The application for discharge review, received 991019, 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 000713. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: HONORABLE /PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 3620215.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: “3620215” vice “3620200”. The original DD Form 214 should be corrected or reissued as appropriate.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I respectfully request to have my discharge changed to "Honorable", to maintain eligibility for educational benefits. The discharge I received was "General Under Honorable Conditions for reason of convenience of the Govt. for reason of Parenthood". My six year old daughter is in need of my full-time care and I have attained sole physical custody. I find it unfortunate that this circumstance has interrupted my Naval career. However, I must fulfill my parental obligation to my child. While serving almost seven years in the Navy, I strove for exemplary performance and discipline throughout my enlistment. I was highly commended in evals, had a flawless disciplinary record, performed well throughout the Nuclear Power Program and was appointed staff instructor position upon completing my training. Given my contribution to the Navy, I believe it would be unjust to not have an Honorable discharge and to not be eligible to receive the GI Bill to assist me in furthering my education.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Applicant's Enlisted Performance Evaluations (8 evals)
Good Conduct Award
Performance Citations (4)
Administrative Discharge Package (7 pages)
Applicant's Family Care Plan Certificate dtd 24 Jun 97

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900515 - 901120  COG

 Period of Service Under Review :
Date of Enlistment: 901121               Date of Discharge: 970804

 Length of Service (years, months, days):

         Active: 06 08 14
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (48 months extension)

 Education Level: 12                        AFQT: 82

 Highest Rate: EM2 (E-5)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (6)     Behavior: 3.97 (6)                OTA: 4.0 (4.0 evals)
3.0 (2)         3.0 (2)                  3.43 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM, Enlisted Submarine Breast Insignia, Deterrent Patrol Pin

 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 3620215.



Chronological Listing of Significant Service Events :

940512:  BUPERS granted authority for member's reenlistment/extension for a term of 48 months for eligibility for Selective Reenlistment Bonus. [Reenlistment or extension of enlistment not contained in service record. CO, USS KENTUCKY, ltr of 16 July 97 indicates date of current enlistment as 90NOV21.]

970624:  Family Care Plan Certificate: Applicant indicated that he was unable to comply with the Navy's policy for dependent care.

970709:  Retention Warning: Advised of deficiency (obtain proper care for your dependent as result of divorce and having custody of your dependent daughter), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970710:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions by reason of convenience of the Government due to parenthood as evidenced by your inability to comply with the Navy Policy for Dependent Care.
970714:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970716:  Commanding Officer, USS KENTUCKY, advised BUPERS that member was discharged on 4 August 1997 with general (under honorable conditions) by reason of convenience of the Government due to parenthood. Commanding officer’s comments (verbatim): "(Applicant) is unsuitable for retention due to his inability to comply with the Navy Policy for Dependent Care. He has been afforded the opportunity to arrange for dependent care per reference (a) (MILPERSMAN) and has indicated his actions on enclosure (4) (OPNAV 1740.1 - Dependent Care Certificate). Specifically, Petty Officer (Applicant)'s former spouse has refused to provide further care for their dependent daughter and there are no other relatives willing or able to have the child live with them during deployments."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970804 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 was proper but not equitable (C and D).

In response to the applicant’s issue, the Board found that the applicant has no record of military offenses or involvement with civil authorities and that the applicant’s enlisted performance evaluation averages warrant an Honorable discharge. Based on a review of the applicant’s entire service record and supporting documents, the Board has determined that equitable relief is appropriate in this case. Relief granted.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 03 Oct 96 until 11 Dec 97, Article3620215, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PARENTHOOD.

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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