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NAVY | DRB | 2004_Navy | ND04-00475
Original file (ND04-00475.rtf) Auto-classification: Denied


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

ex-ACAN, USN
Docket No. ND04-00475

Applicant’s Request
The application for discharge review was received on 20040128. The Applicant requests the reason for the discharge be changed to “condition interfere with duty”. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20040922. 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 reason for discharge shall not change. The discharge shall remain: HONORABLE/ PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “My reason for discharge is improper because I did not seperate from the US Navy because of my performance. I was seperated from the US Navy due to a financial hardship. I was an E-3 and a single parent of two children. I was not receiving any child support payments and I worked day and night shifts. I was unable to use the military daycare (which is based upon income), therefore my daycare expenses were more costly. I applied for some help (assistance with daycare expenses) with social services. I found out that I could only use their approved daycare (which was only opened during the day). The daycare provider that I was using (accepted children both day and nights) was not on the social services list, therefore I couldn’t get any help with daycare. While serving at NAS Whiting Field, I never got into any trouble, or was disciplined for anything. I received award letters for my conduct and I excelled in getting qualified on my job. Thank you for your time.”

 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: USNR (DEP)     980226 - 980503  ELS
                  USNR (DEP)      980707 - 980817  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980818               Date of Discharge: 010215

 Length of Service (years, months, days):

         Active: 02 05 28         Does not exclude lost time
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 56

 Highest Rate: ACAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 3.00 (3)                OTA: 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 1

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 :

990305:  Retention Warning: Advised of deficiency (Your lack of financial responsibility and personal problems resulting from poor management of family matters may subject you to administrative separation from the Naval service.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990311:  Retention Warning: Advised of deficiency (Unauthorized absence from 0600, 991216 to 1600, 990217 (1 day). Disobeying a lawful order from a First Class Petty Officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990325:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 990216 (1 day/surrendered), violation of UCMJ, Article 92: Orders violation.
         Award: Forfeiture of $234 per month for 1 month. Forfeiture suspended for 6 months. No indication of appeal in the record.
001005:  Retention Warning: Advised of deficiency (Per OPNAV Instruction 1740.4A you are required to submit a Department of the Navy Family Care Plan Certificate. As of this date, you are unable to deploy and are not world-wide assignable.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.        

001103:  Family Care Plan Certificate: Applicant indicated that she was unable to comply with the Navy's policy for dependent care.

001114:  Applicant notified of intended recommendation for discharge with a least favorable characterization of general (under honorable conditions) by reason of misconduct due to commission of a serious offense and by reason of convenience of the Government due to parenthood or custody of minor.
001114:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27(b), elected the right to obtain copies of the documents used to support the basis for the separation, the right to submit a statement and the right of General Court-Martial Convening Authority review.

001115:  Applicant’s statement.

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. . Commanding Officer’s comments (verbatim): ACAN W_ (Applicant) is estranged from her husband and pending divorce. She does not receive any financial assistance from her husband. She has two minor children and is currently pregnant. Due to the strained relationship with her husband and his family and also the inability of her mother to watch her children in the event she were deployed or ordered overseas she does not have anyone to take care of her children. Sitters are currently taking care of her children, which is a problem in itself given her limited income. As required by reference (a) (MILPERSMAN 1910-124), ACAN W_ (Applicant) was dual processed for Misconduct-commission of a serious offense (due to an NJP she received over a year ago while in “A” School) and for Convenience of the Government-parenthood. She has been an excellent performer for her grade and she would not be processed for separation at all if she had someone to care for her children. She has been counseled by her chain of command appears to be no remedy for her Child Care Certification. I feel that Parenthood is the most appropriate reason for separation in this case and recommend ACAN W_ (Applicant) be separated from the Naval service for Convenience of the Government - Parenthood with an Honorable Discharge.

010131:  CNPC directed the Applicant's discharge with an honorable 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 20010215 with an honorable 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).

Issue 1: The Applicant desires that her Narrative Reason for Separation read “condition interfere with duty” vice “parenthood or custody of minor children”. The summary of service clearly documents that convenience of the government, parenthood, was the reason the applicant was discharged. Her record clearly indicates she was unable to comply with a NAVPERS 1740/6 Family Care Plan Certificate as required under MILPERSMAN 1910-124. No other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief based on this issue is not warranted.

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. 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




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