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NAVY | DRB | 2004_Navy | ND04-00139
Original file (ND04-00139.rtf) Auto-classification: Denied


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

ex-HT2, USN
Docket No. ND04-00139

Applicant’s Request
The application for discharge review was received on 20041104. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that she was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. The Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040818. After a thorough review of the available 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 four to one that the character of the discharge shall change. The discharge shall change to: HONORABLE/PARENTHOOD, authority: NAVMILPERSMAN, Article 3620215.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I CHOSE NOT TO SIGN A “WORLDWIDE AVAILABILITY” SHEET, WHICH WAS REQUIRED IN MY SERVICE JACKET. I DID NOT WANT TO LEAVE MY 5 YEAR OLD SON FOR SUCH AN EXTENDED PERIOD, AS I HAD JUST GOTTEN BACK FROM DEPLOYMENT & NUMEROUS TDY’S. MY NEXT DUTY STATION, ACCORDING TO MY DETAILER, WOULD BE SEA DUTY W/IMMEDIATE DEPLOYMENT TO THE PERSIAN GULF (AGAIN) & MY CONSCIENCE WOULD NOT ALLOW ME TO LEAVE MY SON FOR SO LONG (UP TO A YEAR & A HALF). I COULD COPE W/6 MONTH DEPLOYMENTS EVERY 2 YEARS OR SO (W/TDY’S), BUT NOT BACK-TO-BACK DEPLOYMENTS.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copies of DD Form 214 (Member-1 & Member-4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     840406 - 840701  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 840702               Date of Discharge: 901019

 Length of Service (years, months, days):

         Active: 06 03 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (34 months extension)

 Education Level: 12                        AFQT: 68

 Highest Rate: HT2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.56 (9)    Behavior: 3.67 (9)                OTA: 3.67

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, SSDR, AFER,

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/PARENTHOOD, authority: NAVMILPERSMAN, Article 3620215.

 Chronological Listing of Significant Service Events :

880702:  Extended enlistment for 34 months.
900911:  Dependent Care Certificate: Applicant signed the certificate stating “I cannot comply” with the Navy's policy for dependent care.

900911:  Retention Warning: Advised of deficiency (cannot designate any persons to care for your dependents in order to maintain availability to perform full range of military duties and to maintain worldwide availability), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901011:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general due to parenthood, as evidenced by your inability to perform a full range of military duties and to maintain worldwide availability because of care requirements of your dependent child.

901012:  Applicant advised of her rights and having elected not to consult 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. Applicant did not objection to separation.

901019   Commanding Officer, USS PUGET SOUND, directed discharge under honorable conditions (general) by reason of convenience of the government/parenthood.
901107:  Commanding Officer, USS PUGET SOUND, advised COMNAVMILPERSCOM, of Applicant’s discharge due to parenthood. Commanding Officer’s comments (verbatim): “Petty Officer D_ (Applicant) was not available for world-wide assignment due to her inability to arrange for child care. Accordingly, she was separated from the Naval Service on 19 October 1990 due to parenthood.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19901019 under honorable conditions (general) by reason of convenience of the Government due to parenthood (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 above the standard required for an honorable discharge and there was no adverse information that would have warranted a less favorable characterization. Therefore, relief to the character of service is granted.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), effective 14 Dec 89 until 04 Mar 93, 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


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