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NAVY | DRB | 2003_Navy | ND03-01416
Original file (ND03-01416.rtf) Auto-classification: Denied


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


ex-AN, USN
Docket No. ND03-01416

Applicant’s Request
The application for discharge review was received on 20030827. 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 designated the NYS Division of VA as the representative on the DD Form 293. On 20040304, the representative requested removal as counsel.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040628. 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. “My discharge was improper because during my time in the service I have never been disciplined due to improper behavior, unauthorized absences, drugs, etc.”

 2. “I believe my discharge was improper because I was an outstanding sailor with excellent military bearing. I took pride in being a part of the U.S. Navy and it showed inside and out. I was even selected by my superiors to attend courses such as ABH Refresher, Firefighting and Landing Signalman to further my job knowledge and enhance my career.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character Reference ltr from J_ H_, dtd Oct 23, 2002
Achievement Award, Director’s List, dtd May 3, 2001
 Certificate of Completion, Home Health Aide, dtd Apr 18, 2002
 Certificate of Participation, Home Care Core Curriculum Homemaker/Personal Care Services, dtd Apr 4, 2002
 Certificate of Achievement, All Pro Home & Health Care Services, dtd Apr 4, 2002
 Copy of DD Form 214
 VA, State of New York, undtd letter
Duplicate of DD Form 293,

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     971223 - 980112  COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 980113               Date of Discharge: 001228

 Length of Service (years, months, days):
         Active: 02 11 16
          Inactive: None
Age at Entry: 23                          Years Contracted: 4

Education Level: 13                        AFQT: 49
Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None
Unit/Campaign/Service Awards: AFSM, Navy “E” Ribbon (2), SSDR(2), AFEM

 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 :

001003:  USS DWIGHT D EISENHOWER, Medical Dept: Confirmed pregnancy with estimated delivery date June 2, 2001.
001228:  Discharged with a General (Under Honorable Conditions) by reason of Convenience of the Government – pregnancy, separation code of JDF. [EXTRACTED FROM DD FORM 214.]

[SERVICE RECORD DOES NOT CONTAIN APPLICANT’S REQUEST FOR DISCHARGE DUE TO PREGNANCY.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001228 with a general (under honorable conditions) due to pregnancy or childbirth (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).
Issues 1 & 2. The applicant was d ischarged with a General (Under Honorable Conditions) by reason of Convenience of the Government for pregnancy. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. As the discharge decision is presumed, under law, to be correct, the Naval Discharge Review Board may affirm the original decision even if official records which it would normally be required to review as part of the discharge review process cannot be located. This presumption is referred to as presumption of regularity in the conduct of government affairs. The applicant failed to overcome the presumption of regularity by not providing substantial credible evidence (Administrative Discharge Package, Recommendation for discharge from your Commanding Officer, and Performance Evaluations). There is no evidence of impropriety or inequity in the Applicant’s discharge. Therefore, relief is denied.

The following is provided for the edification of the Applicant. 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 has not provided sufficient documentation for the Board to consider. Therefore, no relief will be granted.

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 additional documentation to support any claims of post-service accomplishments or any other evidence relating to her discharge 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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