Search Decisions

Decision Text

USMC | DRB | 2001_Marine | MD01-00635
Original file (MD01-00635.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD01-00635

Applicant’s Request
The application for discharge review, received 010406, requested that the reason for the discharge be changed to hardship. 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 011108. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization or narrative reason of the applicant’s service. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain: HONORABLE/ PREGNANCY/CHILDBIRTH, authority: MARCORSEPMAN Par. 6408.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was submitted under the wrong code. I believe it should have been submitted under that of hardship under paragraph 6407 with a reference code of KDB1.
[Extracted from applicant's DD Form 149, which was returned to her].

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Applicant's DD Form 149 dtd 10-30-00
VA ltr to Applicant dtd Jul 14, 2000 denying education benefits
 Applicant's Enrollment in the Marine Corps Exceptional Family Member Program (EFMP) dtd 10 Sep 99
Applicant's request for discharge due to pregnancy dtd 29 Feb 00 w/attached letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970829 - 971202  COG

 Period of Service Under Review :
Date of Enlistment: 971203               Date of Discharge: 000411

 Length of Service (years, months, days):

         Active: 02 04 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 49

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: LoA

 Days of Unauthorized Absence: None

*No Marks Found in service record.

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

HONORABLE/PREGNANCY/CHILDBRITH, authority: MARCORSEPMAN Par. 6408.

 Chronological Listing of Significant Service Events :

990813:  Eligible but not recommended for promotion to CPL for the Sept 99 promotion because not ready for increased responsibility.
990831:  Eligible but not recommended for promotion to CPL for the Oct, Nov, Dec 99 promotion period because not ready for increased responsibility.
990913:  Counseled for deficiencies in performance and conduct [substandard performance as a Marine for period 990301 through 990912 during which you have been counseled on 9 occasions and provided guidance to assist in improving conduct and proficiency - failure to make progress in con and MOS proficiency]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990921:  Counseled for deficiencies in performance and conduct [failed to maintain MOS proficiency as a result of extended periods of non-availability for duty and training due to numerous medical problems and two pregnancies in one year]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

991208:  Eligible but not recommended for promotion to CPL for the Jan, Feb, Mar 00 promotion period because not ready for increased responsibility.

000215:  Counseled for deficiencies in performance and conduct. [Failure to establish a child care plan per MCO 1740.13. Counseled previously on 990921 to establish an effective single parent care plan to ensure you could fulfill your job and family related responsibilities. As of 000210, failed to submit a child care plan]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000229:  Applicant requested separation due to current pregnancy. Applicant stated she was a single parent of a child who is an Exceptional Family Member and with the expectancy of second child, unable to give proper care to family and do justice to her duties as a Marine.

000320:  GCMCA [CG, 2D MAW] directed the applicant's discharge with an honorable by reason of pregnancy/childbirth due to being pregnant and single parenthood.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000411 with an honorable due to pregnancy/childbirth (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).

Issue 1. The Board found that the applicant requested discharge under Paragraph 6408, Pregnancy, of reference (A). No other narrative reason for separation better describes the conditions under which the applicant was discharged. There is no evidence that the applicant met the provisions of separation by reason of hardship. Relief denied.

 Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. The applicant did not provide sufficient documentation to warrant a change to her discharge. She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 950818 until Present, Paragraph 6408, PREGNANCY.
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 “ afls10.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      


Similar Decisions

  • USMC | DRB | 2003_Marine | MD03-00075

    Original file (MD03-00075.rtf) Auto-classification: Denied

    MD03-00075 Applicant’s Request The application for discharge review, received 20021010, requested that the characterization of service on the discharge be changed to honorable. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded...

  • USMC | DRB | 2002_Marine | MD02-00409

    Original file (MD02-00409.rtf) Auto-classification: Denied

    MD02-00409 Applicant’s Request The application for discharge review, received 020212, requested that the characterization of service on the discharge be changed to honorable. Respectfully, (Signed by civilian counsel) Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's Notification of Separation Proceedings dtd Dec 20, 1998Letter from Applicant's Parent, dtd Oct 20, 1998, stating unable to assist...

  • USMC | DRB | 2003_Marine | MD03-00676

    Original file (MD03-00676.rtf) Auto-classification: Denied

    MD03-00676 Applicant’s Request The application for discharge review was received on 20030305. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. AXIS III: Pregnancy (Approximately 30 weeks).

  • USMC | DRB | 2006_Marine | MD0600021

    Original file (MD0600021.rtf) Auto-classification: Denied

    The Applicant requests the Narrative Reason for Discharge received at the time of discharge be changed to “Hardship.” The Applicant requests a documentary record discharge review. The Applicant did not provide any information to the Board to demonstrate that she properly requested discharge on the basis of hardship or that she met the criteria for discharge by reason of hardship. The Applicant’s records clearly document that the Applicant requested separation after becoming pregnant and...

  • NAVY | DRB | 2003_Navy | ND03-01416

    Original file (ND03-01416.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. [SERVICE RECORD DOES NOT CONTAIN APPLICANT’S REQUEST FOR DISCHARGE DUE TO PREGNANCY.] As the discharge decision is presumed, under law, to be correct, the Naval Discharge Review Board may affirm the original decision even if official records which it would normally be required to review as part of the discharge review process cannot be located.

  • NAVY | DRB | 2003_Navy | ND03-00590

    Original file (ND03-00590.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AA, USNDocket No. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. [Signed by the Applicant]” ________________________________________________________________________ Documentation Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

  • USMC | DRB | 2003_Marine | MD03-01434

    Original file (MD03-01434.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed to hardship. Chronological Listing of Significant Service Events :951022: Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty...

  • USMC | DRB | 2001_Marine | MD01-00764

    Original file (MD01-00764.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant's Wife PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 960611 - 961230 COG Period of Service Under Review :Date of Enlistment: 961231 Date of Discharge: 990929 Length of Service (years, months, days): Active: 02 08 28 Inactive: None Age at Entry: 19 Years...

  • NAVY | DRB | 2001_Navy | ND01-00947

    Original file (ND01-00947.rtf) Auto-classification: Denied

    ND01-00947 Applicant’s Request The application for discharge review, received 010717, requested that the characterization of service on the discharge be changed to honorable. In the acknowledgement letter to the applicant, she was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. Commanding officer’s comments (verbatim): "In September 1999, AA (Applicant) requested separation from the navy due to parenthood;...

  • NAVY | DRB | 2004 Marine | MD04-00202

    Original file (MD04-00202.rtf) Auto-classification: Denied

    Issues, as stated Applicant’s issues, as stated on the application:Issue 1: “I was recently married at the time and my wife became pregnant. My daughters condition stabilized and my son is in school. Issue 1: The Applicant stated his discharge was unjust because “his (life) had to be redirected” even though “(t)he USMC was important to (him).” The Applicant signed a contract on 970818, while enlisting into the USMCR, that acknowledged his understanding of the requirement to participate in...