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NAVY | DRB | 2003_Navy | ND03-00440
Original file (ND03-00440.rtf) Auto-classification: Denied


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

ex-AZ2, USN
Docket No. ND03-00440

Applicant’s Request
The application for discharge review was received on 20030124. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20031229. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the Applicant’s service. The Board’s vote was three to two that the character of the discharge shall change. 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, as stated

 Applicant’s issues, as stated on the application:

“I think my discharge was given by mistake. I have never been in any trouble not only throughout my military career but also during my civilian life I have always been graded above my peers throughout my Naval career. I made Petty Officer Second Class within my first two years of service.

I have been at work with no day care issues. Rarely taking days off and rarely late. I have had a great work ethic and have worked very hard during my time in the Navy often putting my child second.

I was a single parent when I joined the military and I am still one today. I don’t think my benefits should be held from me for taking care of my responsibilities.

M_ C_”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Letter from Applicant, dated April 8, 2002
Evaluation Report and Counseling Record, dated December 12, 2000, January 29, 1999, February 4, 2000, and January 30, 2002
Good Conduct Award, dated June 23, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     971025 - 980623  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980624               Date of Discharge: 020405

 Length of Service (years, months, days):

         Active: 03 09 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 55

 Highest Rate: AZ2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.50 (4)    Behavior: 4.50 (4)                OTA: 4.11

 Military Decorations: None

 Unit/Campaign/Service Awards: 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 :

011107:  Retention Warning: Advised of deficiency (Non-compliance with family care plan.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

011108:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor.
011108:  Applicant advised of rights and having consulted 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.
011110:  Family Care Plan Certificate: Applicant indicated that she was unable to comply with the Navy's policy for dependent care.

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. Upon arrival, she was sent to a two-week logs and records course at NAS Jacksonville. After successful completion of the course, she was assigned as the Maintenance Control Logs and Records Clerk. She has accompanied the squadron on two short aircraft carrier detachments in the last eight months and experienced no dependent care issues. During our most recent at-sea period (11 September – 18 October 2001), AZ2 C_ (Applicant) informed the command that her child care plan had experienced significant difficulties and she had run out of options available concerning care for her six year old child. She was placed on leave from the COMPTUEX at-sea period and sent back to NAS Jacksonville to resolve her dependent care issue. Upon the squadron’s return to NAS Jacksonville, AX2 C_ (Applicant) informed the chain of command that she had explored all options and was not able to locate anyone who could care for her child. Her only option was her mother; however, she is presently caring for AZ2 C’s (Applicant’s) four siblings, as well as her aunt’s four children, and she is unable to care for any other children. At this time, AZ2 C_ (Applicant) amended and signed her Dependent Care Certificate stating that she could no longer comply, making her non-deployable. AZ2 C’s (Applicant’s) job performance while in this command has been outstanding. She is a valuable asset to the Navy, but due to her current dependent care situation, is unable to deploy. Her EOAS is February 2003 and PRD is March 2005. Based on the amount of time left on her contract, I recommend two options. Option one is to reassign AZ2 C_ (Applicant) to shore duty until the end or her EOAS. Hopefully by this time, she will be able to comply with dependent care requirements and be returned to the fleet. If AZ2 C_ (Applicant) is unable to comply at EAOS, my recommendation is that she be discharged. The other option would be to obligate service for overseas duty orders.]

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 warranted by service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020405 with a characterization of 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 Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of the Applicant’s records indicated an honorable discharge was warranted. The Applicant’s performance and behavior marks were well above the standard required for an honorable discharge and there was no adverse information that would have warranted a less favorable characterization. The Applicant’s Commanding Officer described her as an outstanding performer and an asset to the Navy. Therefore, relief is granted.


Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 33, effective 27 Aug 2001 until 21 Aug 2002, 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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