Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00158
Original file (ND02-00158.rtf) Auto-classification: Denied


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

ex-YNSN, USNR
Docket No. ND02-00158

Applicant’s Request
The application for discharge review, received 011210, requested the reason for the discharge be changed to hardship discharge. 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 020731. 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 reason for discharge shall not change to "hardship"; however, the reason for discharge will be corrected: HONORABLE/ PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. While I was being separated I asked legal, PSD, and my supervisor, a civilian (B_M_) if I would receive my benefits. I was told that because I was receiving an honorable discharge, they would use a hardship discharge code that would allow me to receive my benefits, and I was assured by them all that I would have no problems doing so. Upon trying to receive the G.I. 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..

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
BCNR ltr to applicant dtd Oct 10, 2001 w/applicant's DD Form 149
Copy of DD Form 214 (2 copies)
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 970711               Date of Discharge: 991012

 Length of Service (years, months, days):

         Active: 02 00 27
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 42

 Highest Rate: YNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: Navy "E" Ribbon, SSR

 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 :

970916   Commenced 36 months of active duty under the Air Apprentice Program.
990602:  Retention Warning: Advised of deficiency (failure to initiate and develop a workable family care plan as required by OPNAVINST 1740.4A), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990606:  Applicant's letter to the CO, NAS Whidbey Island advising that she is unable to provide dependent care and requested discharge.

 990726:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

990804:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible, general (under honorable conditions by reason of parenthood.
990804:  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.

990812:  Commanding Officer recommended discharge with an honorable by reason of parenthood. Commanding Officer’s comments (verbatim):
         "After due consideration and having reviewed AN G_ (Applicant)'s request to be separated by reason of parenthood, I concur that she cannot provide adequate child care for her infant. I recommend that she be separated from the naval service by reason of parenthood with a Honorable Discharge."

990929:  CNMPC directed the applicant's honorable discharge by reason of parenthood (unable to comply with NFC policy).

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). 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 applicant requested her reason for discharge code be changed to afford her the opportunity to receive Montgomery G.I. Bill benefits. The applicant requested she be discharged from the Navy because she was unable to find childcare for her newborn baby while on deployment. She was subsequently involuntarily discharged due to her inability to comply with the Navy’s Family Care Plan. It was the unanimous decision of the Board that the reason code, parenthood or custody of minor children, best describes the circumstances surrounding the applicant’s administrative discharge. Furthermore, the Department of Veterans Affairs determines eligibility for post service benefits not the Naval Discharge Review Board. There is no requirement or law that grants re-characterization or reason code changes based solely upon the issue of obtaining Veteran’s benefits. This issue does not serve to provide a foundation upon which the board can grant relief. Therefore, relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 21, effective 01 Sep 1998 to 26 Aug 2001, 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 | 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 | 2001_Navy | ND01-01067

    Original file (ND01-01067.rtf) Auto-classification: Denied

    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 following is provided for the benefit of the applicant. The applicant did not provide any of these documents.

  • 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 | 2003_Navy | ND03-01451

    Original file (ND03-01451.rtf) Auto-classification: Denied

    Therefore, I have directed that SM3 S_ (Applicant) be separated from the naval service with a general discharge (under honorable conditions) for convenience of the government due to parenthood. The Applicant’s service record is marred by award of non-judicial punishment (NJP) on two separate occasions for violating the UCMJ, Article 86, thus substantiating the misconduct.The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her...

  • 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 | 2002_Navy | ND02-00404

    Original file (ND02-00404.rtf) Auto-classification: Denied

    ND02-00404 Applicant’s Request The application for discharge review, received 020215, requested that the characterization of service on the discharge be changed to honorable and the reenlistment code change from RE-4 to RE-1. 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...

  • 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 | 2001_Navy | ND01-00570

    Original file (ND01-00570.rtf) Auto-classification: Denied

    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 applicant requested a discharge upgrade in order to obtain GI Bill benefits. 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...

  • 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 | 2003_Navy | ND03-00559

    Original file (ND03-00559.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I have given the Navy eight flawless years of active duty service and because I have made accommodations for my prior dependency issues, I have been granted the honor of enlisting in the Navy Reserves. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20000728 with a characterization of general (under honorable conditions)...