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NAVY | DRB | 2004_Navy | ND04-00255
Original file (ND04-00255.rtf) Auto-classification: Denied


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

ex-BUCN, USN
Docket No. ND04-00255

Applicant’s Request
The application for discharge review was received on 20031125. The Applicant requests the reason for the discharge be changed to hardship. The Applicant requests a documentary record 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 20040720. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the Applicant’s discharge was discovered by the NDRB. The Board’s vote was unanimous that the narrative reason of the discharge shall not change. The discharge shall remain: HONORABLE /PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “When I was discharged I was under the impression that C.O.G. & Hardship were the same & I was entitled to the same benefits. I was told all I needed was 2 years of honorable active duty & I would receive all my benefits. When I got out and applied for benefits I was denied because my separation code was C.O.G. and I only had 29 months & 8 days. A person would need 30 months to receive benefits under C.O.G. I have a daughter now & I want to make a better life for her & myself. It would help to have the benefits I was told I was entitled to, which are the MGI Bill and Navy College Fund.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Eleven pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000725 - 000905  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000906               Date of Discharge: 030213

 Length of Service (years, months, days):

         Active: 02 05 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 61

 Highest Rate: BUCN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (3)    Behavior: 3.67 (3)                OTA: 3.11

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: None

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

HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).

 Chronological Listing of Significant Service Events :

010921:  Retention Warning: Advised of deficiency (Recurrent behavioral problems and difficulties adjusting to the demands of military life. Subsequently diagnosed with an adjustment disorder, with depressed and irritable mood-chronic and a personality disorder, NOS with prominent borderline by Head, MHU, NH Okinawa, Japan). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.   

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). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.       

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

021030:  Applicant notified of intended recommendation for honorable discharge by reason of convenience of the Government due to parenthood or custody of minor.
021030:  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.
021212:  Commanding Officer recommended discharge by reason of convenience of the Government due to parenthood or custody of minor children. Applicant failed to complete a Family Care Plan and is unable to provide child care during an upcoming deployment to Rota, Spain.

Partial discharge package

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 20030213 by reason of convenience of the Government due to parenthood or custody of minor children (A). In the absence of a complete discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, 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).

Issue 1. The Applicant was unable to comply with the requirements of a family care plan to enable her to be able to deploy throughout the world on short notice and to be able to fully execute her military duties. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. In addition, there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Relief denied.
The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of her discharge. 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, re-issued October 2002, effective 22 Aug 2002 until Present, 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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