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NAVY | DRB | 2003_Navy | ND03-00590
Original file (ND03-00590.rtf) Auto-classification: Denied


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



ex-AA, USNDocket No. ND03-00590

Applicant’s Request The application for discharge review was received on 20030221. 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 designate a representative on the DD Form 293. _______________________________________________________________________
 Decision A documentary discharge review was conducted in Washington, D.C. on 20040128. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PREGNANCY OR CHILDBIRTH, authority: NAVMILPERSMAN, Article 1910-112.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

 Issues, as stated Applicant’s issues, as stated on the application:1. “I’m a single mother trying to further my education, providing a safe, & successful future. I’m currently attending college of Alameda. I plan on receiving my AA degree in Sociology @ the College of Alameda. I have one more course to satisfy my AA degree in Sociology. Upon completion of my AA, I will be able to transfer to Hayward State University as a junior, completing my BA in psychology. I have a 3 yr. Old son, in which both parent served in the navy. Though both parents are veterans in the military, I don’t receive, nor my son any benefits, or support from any outside service/organization. I not only go to school full time, I also have two jobs to support my son and I. Upgrading my discharge status will enable me to lessen the strain on my son and, giving us an opportunity to progress in a secure, and stable environment, that is healthy, and imperative in a functional & positive society.Thank you. [Signed by the Applicant]”
________________________________________________________________________ Documentation Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge):      Inactive: USNR (DEP)     970714 - 981109  COG      Active: None Period of Service Under Review : Date of Enlistment: 970723            Date of Discharge: 981109 Length of Service (years, months, days):        Active: 01 03 17         Inactive: None Age at Entry: 21                    Years Contracted: 4 Education Level: 13½           AFQT: 67 Highest Rate: AA Final Enlisted Performance Evaluation Averages (number of marks): Performance: NMF*       Behavior: NMF*            OTA: NMF*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Found in service record.

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PREGNANCY OR CHILDBIRTH, authority: NAVMILPERSMAN, Article 1910-112.

 Chronological Listing of Significant Service Events :

971119:  Reported to USS T. ROOSEVELT (CVN 71) for duty.

 980703:  Medical consultation: 22 year old black female presents for pregnancy test which was positive.

981106:  Report of Medical Assessment upon discharge: Applicant concerned about health on the boat after five months of pregnancy. 22 weeks pregnancy on 98NOV06 with no complications.

981109:  Applicant discharge with a General (Under Honorable Conditions) due to
         pregnancy and was assigned a voluntary separation code of KDF.

 [Applicant’s request for discharge or the discharge package not contained in service record.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981109 with a general (under honorable conditions) for convenience of the Government due to pregnancy (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 should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, the Board has no authority to upgrade a discharge. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief denied.

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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

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. The Applicant can provide documentation to support any claims of post-service accomplishments at that time. 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 18, effective 12 Dec 97 until 21 Aug 01, Article 1910-112 (previously 3620220), Separation by Reason of Convenience of the Government - Pregnancy or Childbirth.

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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