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NAVY | DRB | 2001_Navy | ND01-01067
Original file (ND01-01067.rtf) Auto-classification: Denied


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

ex-SM3, USN
Docket No. ND01-01067

Applicant’s Request
The application for discharge review, received 010810, 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 020307. 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 of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I REQUEST THAT MY CHARACTER OF SEPARATION BE CHANGED TO HONORABLE SO THAT I MAY UTILIZE MY EDUCATIONAL BENEFEITS UNDER THE MONTGOMERY BILL. WHEN I WAS GETTING SEPARATED I WAS TOLD THAT THIS TYPE OF DISCHARGE WOULD NOT AFFECT MY BENEFITS, BUT I LATER FOUND OUT THAT I COULD NOT GO TO SCHOOL. I HAVE TWO SMALL CHILDREN AND WOULD LIKE TO GET A BETTER EDUCATION SO THAT I CAN PROVIDE FOR THEM AS A SINGLE MOTHER. THANK YOU FO YOUR CONSIDERATION.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     931221 - 940620  COG

 Period of Service Under Review :
Date of Enlistment: 940621               Date of Discharge: 990910

 Length of Service (years, months, days):

         Active: 05 02 20
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 53

 Highest Rate: SM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 1

 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 :

960907:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence on two different occasions.
         Award: Restriction and extra duty for 30 days, reduction to SMSN. Reduction suspended for 6 months. No indication of appeal in the record.

990719:  NJP for violation of UCMJ, Article 86: Abandoned section on 5Jul99.
         Award: Forfeiture of $637 per month for 1 month, restriction and extra duty for 45 days, reduction to SMSN. Restriction and extra duty for 15 days and reduction and forfeiture of $400.00 suspended for 6 months. No indication of appeal in the record.
990819:  Family Care Plan Certificate: Applicant indicated that she was unable to comply with the Navy's policy for dependent care.

990827:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of misconduct due to pattern of misconduct and by reason of convenience of the Government due to parenthood or custody of minor.
990827:  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.

990831:  Commanding officer directed discharge with general (under honorable conditions) by reason of misconduct due to pattern of misconduct and by reason of convenience of the Government due to parenthood or custody of minor children. Commanding officer’s comments (verbatim): SM3 (applicant) has been unable to comply with OPNAVINST 1740.4A regarding child care for her dependent children. Her every effort has failed to find someone to assume the responsibility of caring for her minor children. SM3 (applicant) recently went to nonjudicial punishment for an unauthorized absence of abandoning her duty. She also has a previous nonjudicial punishment of two unauthorized absences. Her chain of command recommends separating here and I concur. Therefore, I have directed that SM3 (applicant) be separated from the naval service with a general discharge (under honorable conditions) for convenience of the government due to parenthood.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990910 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 and equitable (C and D).

 The applicant requested a change in the character of her discharge in order to secure veteran’s benefits. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization of an individual’s discharge based solely on the issue of obtaining veterans’ benefits. This issue does not provide a foundation upon which the Board can grant relief. Relief denied.

The following is provided for the benefit of the applicant. 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of she not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct. The applicant did not provide any of these documents. 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 his 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.

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

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