Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00207
Original file (ND04-00207.rtf) Auto-classification: Denied


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


ex-DC3, USNR
Docket No. ND04-00207

Applicant’s Request
The application for discharge review was received on 20031117. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance discharge review before a traveling panel closest to Georgetown, SC. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. Additionally, the applicant was advised the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040720. 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)/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 No issues were submitted by the Applicant.
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 (years, months, days):
         Active: 02 08 14
          Inactive: 00 05 04
Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 33
Highest Rate: DC3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (4)    Behavior: 3.75 (4)                OTA: 3.25

 Military Decorations: None
Unit/Campaign/Service Awards: MUC

 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 :

990505:  Applicant counseled regarding requirements for maternity benefits after separation from the naval service.
990505:  Applicant counseled concerning family care contingency planning and will act accordingly by returning the completed Family Care Certificate within 60 days from this date. Applicant advised of consequences and issued discharge warning.

000215:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

000508:  Retention Warning: Advised of deficiency (You have failed to comply with the Navy’s Family Care Policy Program. Your failure to provide adequate care for you dependent has detrimentally affected performance of your military duties and responsibilities.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

000523:  Applicant’s letter requesting separation by reason of convenience of the government-parenthood.
000724:  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.
000724:  Applicant advised of 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.
000808:  Commanding Officer directs discharge with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000815 with a 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 and equitable (C and D).
The Applicant introduced no decisional issues for consideration by the Board.
The Applicant stated she was unable to comply with the Navy's policy for dependent
care and requested separation by reason of convenience of the government-parenthood.

A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s failure to provide adequate care for her dependent detrimentally affected her performance of her military duties and responsibilities. T he Applicant’s performance and conduct, which forms the primary basis for determining the character of her service, reflects her disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable is inappropriate. Relief denied.
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 21, effective 01 Sep 1998 to 26 Aug 2001, 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


Similar Decisions

  • 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 | ND04-00475

    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 | ND03-00440

    Original file (ND03-00440.rtf) Auto-classification: Denied

    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. ]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...

  • NAVY | DRB | 2001_Navy | ND01-00570

    Original file (ND01-00570.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 000718 with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children (A). The applicant requested a discharge upgrade in order to obtain GI Bill benefits. Relief denied.Although the applicant had no other issues, after careful review of the applicant’s service record, the Board determined that the applicant was...

  • NAVY | DRB | 2001_Navy | ND01-01067

    Original file (ND01-01067.rtf) Auto-classification: Denied

    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 requested a change in the character of her discharge in order to secure veteran’s benefits. The following is provided for the benefit of the applicant. The applicant did not provide any of these documents.

  • NAVY | DRB | 2003_Navy | ND03-01451

    Original file (ND03-01451.rtf) Auto-classification: Denied

    Therefore, I have directed that SM3 S_ (Applicant) be separated from the naval service with a general discharge (under honorable conditions) for convenience of the government due to parenthood. The Applicant’s service record is marred by award of non-judicial punishment (NJP) on two separate occasions for violating the UCMJ, Article 86, thus substantiating the misconduct.The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her...

  • NAVY | DRB | 2002_Navy | ND02-00158

    Original file (ND02-00158.rtf) Auto-classification: Denied

    Bill I was denied, so I am respectfully requesting to change my discharge code from convenience of Navy/parenting to a hardship discharge code so I will be able to receive my benefits.. I recommend that she be separated from the naval service by reason of parenthood with a Honorable Discharge." PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 991012 with an honorable by reason of convenience of the Government due to parenthood (A).

  • 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 | 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).