Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00570
Original file (ND01-00570.rtf) Auto-classification: Denied


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

ex-QM3, USN
Docket No. ND01-00570

Applicant’s Request
The application for discharge review, received 010327, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011018. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned that the discharge was proper, but the characterization of the applicant’s discharge was inequitable. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. In order to use my Montgomery G.I. Bill and Navy college fund I request to have my discharge upgraded to an honorable discharge, due to the fact that I've served 36 months of active duty without any adverse actions. Furthermore, upgrading my discharge to honorable allows me to utilize the MGI Bill and Navy college fund to further my education and support my child.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copies of Evaluation Report and Counseling Record for 98May15 to 98Dec01, 98Nov14 to 98May06 and 98Dec07 to 99Jun15.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960731 - 970629  COG

 Period of Service Under Review :
Date of Enlistment: 970630                        Date of Discharge: 000718

 Length of Service (years, months, days):

         Active: 03 00 19
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 52

 Highest Rate: QM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.30 (3)                      Behavior: 3.67 (3)                OTA: 3.34

 Military Decorations: None

 Unit/Campaign/Service Awards:    SSDR, BER, Flag Letter of Commendation, HSM, GCM
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 1910-124 (formerly 3620215).

 Chronological Listing of Significant Service Events :

000512:  Retention Warning: Advised of deficiency (Failed to comply with the Department of Defense and Navy programs requiring up-to-date Family Care Plans. Specifically, you have failed to make adequate arrangements for the care of your dependent son which has forced this command to leave you on stay behind during previous underway period. Additionally, you have annotated that you are unable to comply with any of the provisions delineated in the Department of the Navy's Family Care Plan Certificate (NAVPERS 1740/6).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.     

000503:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

000515:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

000516:  Applicant notified of intended recommendation for discharge with a honorable by reason of convenience of the Government due to parenthood or custody of minor.   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 obtain copies of the documents used to support the basis for the separation.

000519:  Commanding officer directed discharge with general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children. Commanding officer’s comments (verbatim): Petty Officer (applicant's) Chain of Command has counseled her on occasions in an effort to assist her in making adequate arrangements for her child. She has stayed behind during the previous underway period due to her lack of family care arrangements and is not world wide deployable. Her inability to make adequate child care arrangements negates any potential she may for future naval service. Accordingly, in the best interest of the U.S. Navy, I have separated QM3 (applicant) from naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000718 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).

 Issue 1. The applicant requested a discharge upgrade in order to obtain GI Bill benefits. The Veterans Administration determines eligibility for post-service benefits. There is no requirement or law that grants an upgrade for the purpose of obtaining veteran’s benefits. This issue has no merit. Relief denied.
Although the applicant had no other issues, after careful review of the applicant’s service record, the Board determined that the applicant was properly processed for separation but the characterization of service was inequitably assigned. Specifically, the applicant was notified by the Commanding Officer, USS FRANK CABLE (AS 40), on 000516, that the least favorable characterization of service possible would be Honorable. The applicant signed the letter of notification on 000516. On 000519 the Commanding Officer, USS FRANK CABLE (AS 40) notified Commander, Navy Personnel Command (NMPC-254) that he separated the applicant with a General (Under Honorable Conditions) discharge. The applicant was officially discharged on 000718 with a General (Under Honorable Conditions). The Board determined that based on the letter of notification, and because there was no other record of misconduct, a change in the discharge characterization to Honorable is warranted. Relief is granted.

 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 " 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

  • NAVY | DRB | 2003_Navy | ND03-00009

    Original file (ND03-00009.rtf) Auto-classification: Denied

    ND03-00009 Applicant’s Request The application for discharge review, received 20020925, requested the reason for the discharge be changed to involuntary. 011218: CNPC directed the Applicant's discharge with type warranted by service record by reason of convenience of the Government due to parenthood or custody of minor children, with a separation code of “KDG”. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that...

  • NAVY | DRB | 2005_Navy | ND0500028

    Original file (ND0500028.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Based on enclosures (2) through (7), I conclude that ET2 V_ cannot make adequate family care arrangements between her or her husband’s (EM2 A_ T. V_) next of kin and, therefore recommend she be separated from the naval service with a discharge characterized as Honorable.”030701: CNMPC directed the Applicant's discharge with characterization of type warranted by service record by...

  • NAVY | DRB | 2004_Navy | ND04-00475

    Original file (ND04-00475.rtf) Auto-classification: Denied

    ND04-00475 Applicant’s Request The application for discharge review was received on 20040128. 001122: Commanding Officer recommended discharge with an honorable by reason of commission of a serious offense and convenience of the Government due to parenthood or custody of minor children. 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 Applicant...

  • NAVY | DRB | 2002_Navy | ND02-00158

    Original file (ND02-00158.rtf) Auto-classification: Denied

    Bill I was denied, so I am respectfully requesting to change my discharge code from convenience of Navy/parenting to a hardship discharge code so I will be able to receive my benefits.. I recommend that she be separated from the naval service by reason of parenthood with a Honorable Discharge." PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 991012 with an honorable by reason of convenience of the Government due to parenthood (A).

  • NAVY | DRB | 2003_Navy | ND03-00440

    Original file (ND03-00440.rtf) Auto-classification: Denied

    011121: Commanding Officer recommended discharge with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children. Commanding Officer’s comments (verbatim): [AZ2 C_ (Applicant) reported to HS-5 on 15 February 2001 for her first sea duty assignment. ]020322: CNPC directed the Applicant's discharge by reason of convenience of the Government due to parenthood or custody of minor children with a characterization of type...

  • NAVY | DRB | 2004_Navy | ND04-00255

    Original file (ND04-00255.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION A person would need 30 months to receive benefits under C.O.G. 020828: Retention Warning: Advised of deficiency (On 020827 you submitted a NAVPERS Form 1740/6 on which you indicated you could not comply with the requirements to provide a Family Care Plan).

  • NAVY | DRB | 2004_Navy | ND04-00688

    Original file (ND04-00688.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In addition to that mistake or however it is stated I find that although I completed the terms of my contract to receive my Navy collage fund I am unable to get it due in addition to the under honorable conditions in my dd214. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.

  • NAVY | DRB | 2000_Navy | ND00-00712

    Original file (ND00-00712.rtf) Auto-classification: Denied

    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 Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. 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...

  • NAVY | DRB | 2004_Navy | ND04-00207

    Original file (ND04-00207.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: None Active: None Period of Service Under Review :Date of Enlistment: 971202 Date of Discharge: 000815 Length of Service...

  • NAVY | DRB | 2005_Navy | ND0500775

    Original file (ND0500775.rtf) Auto-classification: Denied

    ND05-00775 Applicant’s Request The application for discharge review was received on 20050404. I was there for the Navy 24/7, please be there for me this one final time. The summary of service clearly documents that parenthood or custody of minor children was the reason the Applicant was discharged.