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NAVY | DRB | 2001_Navy | ND01-00365
Original file (ND01-00365.rtf) Auto-classification: Denied


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

ex-MMC(SW), USN
Docket No. ND01-00365

Applicant’s Request
The application for discharge review, received 010202, requested that the reason for the discharge be changed. The applicant requested a documentary record discharge review. The applicant designated the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020110. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the reason for applicant's discharge. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain: HONORABLE/PARENTHOOD, authority: NAVMILPERSMAN, Article 3620215.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. While serving in the US Navy my wife left me with all our children. It was not my choice. The Navy would not let me transfer back to shore duty (Nuclear Instructor at Prototype or Nuclear Power School), even though I met requirements and specific qualifications to be an instructor. I have never wanted any extra money from the Navy because of leaving after 13 years, but if they had discharge me for being out of standards I would have received a severance package valued at more than what was owed back to the Navy. If I had received the full package the Navy would have owed me money. But I received neither and was expected to pay back the SRB monies. By changing the discharge type I hope to change the amount owed to the Navy, even if it is a wash and I receive nothing, but relief from the debt. I still have custody under a court order of my children. I have included several letters sent to my public representatives.

Submitted by VFW:

2. We ask that you consider the applicant's issue and that you change the reason for separation as appropriate.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Applicant's letter to T. E. D_, Congressional Liaison Officer, dtd Mar 13, 2000
Applicant's letter to Honorable S_ L_, US House of Rep, dtd Dec 13, 1999
Rep S_ L_ letter to Applicant dtd Feb 22, 2000
Memo from LTJG J_ D. S_, USN, dtd Jul 23, 1997
Chesapeake First Ward letter concerning applicant dtd July 27, 1997
Applicant's Dependency Application/Record of Emergency
Administrative Remarks (Retention Warning) dtd Jul 22, 1997
Applicant's Parents letter dtd July 25, 1997
Applicant's Sister's letter dtd July 25, 1997
CO, USS ENTERPRISE letter (Separation Authority) dtd October 6, 1997
Applicant's request for discharge due to parenthood dtd September 16, 1997
Dept of Navy Dependent Care Certificate, signed by Applicant on July 22, 1997
Applicant's Petition for child custody dtd June 16,1997 (3 petitions)
Memo from LTJG K_ S. R_, USN, dtd July 22, 1997
Memo from LTJG J_ D. S_, USN, DTD July 23, 1997 (5 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        910213 - 940710  HON
                                             870120 - 910212  HON
                                             840709 - 870119  HON
         Inactive: USNR (DEP)     831005 - 840708  COG

 Period of Service Under Review :
Date of Enlistment: 940710*     Date of Discharge: 971017

 Length of Service (years, months, days):

         Active: 03 03 08
         Inactive: None

 Age at Entry: 32                          Years Contracted: 6

 Education Level: 12                        AFQT: 91

 Highest Rate: MMC(SW)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 4.00 (2)                OTA: 4.00 (4.0 evals)
        4.0 (3) 3.0 (3)                    (5.0 evals)

 Military Decorations: NMCAM(2), JMU (w/Oak Cluster)

 Unit/Campaign/Service Awards: NDSM, AFSM, AFEM, SSDR(2), GCM(3), KLM, HSM, Nato Medal (2), SWASM(w/Bronze Star), CGSOR, Battle "E" Ribbons, MUC

 Days of Unauthorized Absence: None

*Reenlistment contract not contained in service record.

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

HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 3620215.

 Chronological Listing of Significant Service Events :
970722:  Dependent Care Certificate: Applicant indicated that he is unable to comply with the Navy's policy for dependent care.

970722:  Retention Warning: Advised of deficiency (inability to fulfill requirements for duty status, in that inadequate dependent care arrangements prohibit presence on board after normal working hours and inability to fulfill requirements for sea duty, in that inadequate dependent care arrangements prevent you from getting underway), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970916:  Applicant requested separation by reason of convenience of the government due to parenthood "because I am a single parent with no one reliable or trustworthy enough to care fo my children".

971006:  CO, USS ENTERPRISE approved applicant's request for discharge and directed the discharge 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 971017 with an honorable 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 and equitable (C and D).

The applicant’s issue described the circumstances surrounding his voluntary discharge from the Navy. The applicant requested the Board’s relief in the reason for discharge to alleviate his SRB repayment. After careful review of the applicant’s service record the Board found no reason to change the discharge from voluntary separation. The NDRB will change the reason for discharge if it finds an impropriety or inequity. In this case the Board noted the applicant requested separation from the Naval service prior to his EAOS. This constitutes a voluntary separation. To change the reason for discharge would be inappropriate. Relief is not warranted.

The applicant’s second issue from the VFW asks the Board to consider the applicant’s issue. The NDRB answers this issue in the above rational.

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

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 " 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

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