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NAVY | DRB | 2000_Navy | ND00-00712
Original file (ND00-00712.rtf) Auto-classification: Denied


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

ex-DT2, USN
Docket No. ND00-00712

Applicant’s Request
The application for discharge review, received 000515, requested that the reason for the discharge be changed to an involuntary separation. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Chesapeake, VA. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, she was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, DC area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001206. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the applicant’s discharge and the assignment of a voluntary separation code. The Board’s vote was three to two that the discharge and assignment of a voluntary separation code, shall not change. The discharge shall remain: HONORABLE/ PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was improper because it was based on incorrect information given to me by my chain of command.

 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 ltr to the Board dtd 10 May 2000
Applicant's original ltr submitted to her command
Applicant's ltr to Congressman M_ S_, dtd 20 Aug 1999
Copy of Applicant's Service Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        930402 - 970707  HON
                                             880822 - 930401  HON
         Inactive: USNR (DEP)     880420 - 880821  COG

 Period of Service Under Review :
Date of Enlistment: 970708               Date of Discharge: 990820

 Length of Service (years, months, days):

         Active: 02 01 13
         Inactive: None

 Age at Entry: 31                          Years Contracted: 2 (16 months extension)

 Education Level: 12                        AFQT: 57

 Highest Rate: DT2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.5 (2)     Behavior: 3.0 (2)                 OTA: 3.5 (5.0 evals)

 Military Decorations: NMCCM, GCM(3)

 Unit/Campaign/Service Awards: NDSM, OSR(2)

Days of Unauthorized Absence: None

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

HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).

 Chronological Listing of Significant Service Events :

970708:  Reenlisted for a term of two years onboard USS GEORGE WASHINGTON (CVN 73).

970708:  Extended the enlistment for 16 months.
990708:  Applicant stated she is unable to comply with the Navy's policy for dependent care and requested to be released from the Navy prior to projected rotation date of October 2001.
990713:  Family Care Plan Certificate: Applicant indicated that she unable to comply with the Navy's policy for dependent care.

990805:  Applicant notified of intended recommendation for discharge with an honorable by reason of convenience of the Government due to parenthood.
990807:  Applicant advised of her rights and having elected not to consult counsel certified under UCMJ Article 27B, elected to waive all rights.

990809:  Asst Legal Officer, USS GEORGE WASHINGTON, recommended discharge with an honorable by reason of convenience of the Government due to parenthood as evidenced by her noncompliance with OPNAVINST 1740.4a (completion of Dependent Care Certificate).

990809:  CO, USS GEORGE WASHINGTON (CVN 73) directed the applicant's discharge with an honorable 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 990820 with an honorable by reason of convenience of the Government due to parenthood (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 and equitable (C and D).

 The applicant’s issue states: “My discharge was improper because it was based on incorrect information given to me by my chain of command.” The NDRB found the applicant requested separation due to inability to comply with the Family Care Plan Certificate on 990708. Furthermore, the applicant’s chain of command favorably endorsed the applicant’s request on 990726, and the applicant was afforded counsel but declined on 990805. Finally, on 990809 the commanding officer approved the applicant’s request for separation. The Board found the applicant was counseled in accordance with the regulations and afforded pertinent guidance concerning her discharge. Had the applicant not voluntarily submitted a request for separation, there is no evidence that the parent command would have processed the applicant involuntarily for separation. Relief is denied.

The NDRB found the applicant clearly requested a voluntary separation from the Navy on 000708 in a letter signed by her hand. To change the separation code to an involuntary separation would be inappropriate. Relief is not warranted.

 The applicant is encouraged to appear before the Board to further state her case and provide personal testimony. She is reminded that her application must be received no later than 15 years from the date of discharge. Representation at the hearing is highly recommended.




Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 21, effective 01 Sep 1998 to Present, Article 1910-124 (previously 3620215), Separation 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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