Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00771
Original file (ND02-00771.rtf) Auto-classification: Denied


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

ex-QMSN, USN
Docket No. ND02-00771

Applicant’s Request
The application for discharge review, received 020509, requested that the reason for the discharge be changed to Parenthood - Convenience of the Government. 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 030206. 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. The discharge shall remain: HONORABLE /PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 3620215.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I believe my reason code should be reviewed because I did nothing wrong to get out of the military. I was discharged honorably, yet I cannot receive GI Bill benefits based on the reason code I was given. I would just like an amended code that will allow me to receive these benefits

2. To whom it may concern, I would just like to say a couple of things that should be considered when changing my military records. I was discharged honorably from the military and never had any bad experiences with the military. I was forced to discharge because of my financial personal problems and not being able to leave my children. Not for anything against the military. I enlisted originally for the chance of go to college. The GI Bill was signed into my enlistment package and I was very happy. Now that I am a civilian, I am unable to use this benefit because of my reason code on my DD 214. I would request this change just to use this benefit, that I enlisted for and paid into. This will help me and the well being of my family. Thank you.

 Documentation
In addition to the service record, [no discharge package available], the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     940805 - 950702  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 950703               Date of Discharge: 971205

 Length of Service (years, months, days):

         Active: 02 05 03
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 64

 Highest Rate: QMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (2)    Behavior: NOB             OTA: 3.60 [4.0 evals]
 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00 [5.0 evals]
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFSM

 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 3620215.

 Chronological Listing of Significant Service Events :

940805   Applicant enlisted in the Navy for 4 years of obligated service to commence 950703.

950703   Applicant executes enlistment obligation.

950910   On or about this date, Applicant assigned to USS BUTTE, training enroute.

960823   Applicant married to active duty service member assigned to USS SEATTLE.

970906   Applicant ’ s dependent son born.

971205   Applicant ’ s Evaluation & Counseling Report states Applicant being administratively separated from Active Duty due to Parenthood.

971205   Applicant discharged from SIMA, Colts Neck New Jersey.


No discharge package available.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 971205 with an honorable discharge characterization 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: The Board has no authority to change the reason code on a discharge for the sole purpose of obtaining VA educational benefits. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the Applicant’s case the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge was proper and equitable. Relief not warranted.
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. 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 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 " 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

Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00084

    Original file (ND00-00084.rtf) Auto-classification: Denied

    ND00-00084 Applicant’s Request The application for discharge review, received 991019, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Applicant's Enlisted Performance Evaluations (8 evals) Good Conduct Award Performance Citations (4) Administrative Discharge Package (7 pages) Applicant's Family Care...

  • NAVY | DRB | 2001_Navy | ND01-00365

    Original file (ND01-00365.rtf) Auto-classification: Denied

    ND01-00365 Applicant’s Request The application for discharge review, received 010202, requested that the reason for the discharge be changed. We ask that you consider the applicant's issue and that you change the reason for separation as appropriate. After careful review of the applicant’s service record the Board found no reason to change the discharge from voluntary separation.

  • 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 | ND03-00559

    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)...

  • 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 | 1999_Navy | ND99-00101

    Original file (ND99-00101.rtf) Auto-classification: Denied

    MY SEPARATION RESULTED FORM MY OBTAINING CUSTODY OF MY SON. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 960123 with a general (under honorable conditions) for convenience of the government due to parenthood or custody of minor children (A and 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 (D and E).The...

  • 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 | ND04-00255

    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 | ND04-01141

    Original file (ND04-01141.rtf) Auto-classification: Denied

    The Applicant requests the reason for the discharge be changed to hardship. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Complete discharge package unavailable PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19990319 with an honorable discharge by reason of convenience of the Government due to parenthood or custody of minor children (A).

  • 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...