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NAVY | DRB | 2002_Navy | ND02-00404
Original file (ND02-00404.rtf) Auto-classification: Denied


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


ex-SA, USN
Docket No. 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. 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 021022. 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, as submitted

1. The reason I was discharged from the U.S. Navy was because my child care provider had a change of mind in reference to taking care of my children.
2. Now that I have been home for 2 years and realizing how much of an experience I had I would like to return to active duty. And my childrens father and I are planning to get married and he is willing to accept full responsibility for our children.
3. Requesting a change of code 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 discharge):
          Active:                             None
          Inactive: USNR (DEP)     981015 - 981102  COG
Period of Service Under Review :
Date of Enlistment: 981103               Date of Discharge: 991217

 Length of Service (years, months, days):
         Active: 01 01 15
         Inactive: None
Age at Entry: 20                          Years Contracted: 4
Education Level: 12                        AFQT: 42

 Highest Rate: SA
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF
Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, SSDR
Days of Unauthorized Absence: None

 *No Marks Found in the service record
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 :

990924:  Applicant agreed not to harm self or children prior to receiving assistance from fleet mental health unit and family service center.
990930:  Applicant admitted for suicidal and homicidal ideation without definite plan in context of multiple stressors. Admission diagnosis: Adjustment disorder with depressed mood.
991001:  Applicant released. Discharge diagnosis: Adjustment disorder with depressed mood. Condition on discharge: Disposition: Full duty. Continue treatment as outpatient at Fleet Reserve Health.
991028:  Applicant admitted to ward (1W) for observation and stabilization. Diagnosis: Axis I: Major depression single episode with psychotic history. Axis II: PD NOS with antisocial features.
991101:  NJP for violation of UCMJ, Article 121 (2 specs): (1) Larceny of personal property on 990903, (2) Larceny of personal property on 990913.
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.
991101:  Naval Medical Center, San Diego: Diagnosis: Adjustment disorder with mixed emotions and conduct disturbance.
991110:  Separation physical. Note: Admin separation- personality disorder.
991217:  DD Form 214: Applicant discharged under honorable conditions (general) by reason of convenience of the Government due to parenthood or custody of minor children.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 991217 under honorable conditions (general) 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).
Issue 1. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. The record is devoid of evidence that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions in her failure to perform her duties due to parenthood. An upgrade to honorable would be inappropriate. Relief denied.

 Issues 2 and 3. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

 The Applicant’s discharge characterization accurately reflects her service to her country. The discharge was proper and equitable. 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 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. Representation at a personal appearance hearing is 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 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 " afls14.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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