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NAVY | DRB | 2004_Navy | ND04-00688
Original file (ND04-00688.rtf) Auto-classification: Denied


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

ex-EM3, USN
Docket No. ND04-00688

Applicant’s Request
The application for discharge review was received on 20040322. 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 list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20041103. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was 4 to 1 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
Applicant’s issues, as stated on the application:

1. “I severed five yr. in the navy with a pregnancy or childhood discharge when my second child was born and my now Ex-husband was placed in jail. According to my DD214 item 24 character of service is honorable being told that was my type of discharge I never questioned it, now after applying for my GI bill I was turned down saying I did not have the right discharge. When I signed my initial GI bill I was told as long as my discharge was not dishonorable I would receive it however I find it is incorrect. 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. I have subsequently noticed that my good conduct medal is not listed nor was the training to become a nuclear propulsion plant operator-electrical listed but my correct rating was listed in item 11.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970203 - 970317  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 970318               Date of Discharge: 020124

 Length of Service (years, months, days):

         Active: 04 10 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 99

 Highest Rate: EM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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

 Chronological Listing of Significant Service Events :

970318:  Applicant agrees to extend enlistment 24 months.

 011004:  Family Care Plan Certificate: Applicant indicated that she was unable to comply with the Navy's policy for dependent care.

011023:  Retention Warning: Advised of deficiency (Non-compliance with the Department of the Navy’s Family Care Plan Certificate and worldwide availability), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
011030:  Applicant notified of intended recommendation for discharge with a least favorable characterization of general (under honorable conditions) by reason of convenience of the government due to parenthood or custody of minor.
011030:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to submit a statement for consideration by the Separation Authority and to obtain copies of the documents used to support the basis for the separation.
011219:  Commanding Officer recommended discharge with a characterization warranted by service record by reason of convenience of the government due to parenthood or custody of minor children.

020115:  CNMPC directed the Applicant's discharge as type warranted by service record by reason of convenience of the Government due to parenthood or custody of minor children.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020124 with a general (under honorable conditions) by reason of convenience of the government due to parenthood or custody of minor children (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1: Normally, to permit relief, an impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety or inequity after a review of Applicant’s case. The Applicant bears the burden of showing, by substantial and credible evidence, why her discharge is improper or inequitable. In the absence of such evidence, the Board may presume regularity in the conduct of governmental affairs and affirm the Applicant’s discharge. The Board could find no evidence, nor has the Applicant provided the Board any evidence to show why her discharge, as issued, is improper or inequitable. Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 documentation to support any claims of post-service accomplishments or any other evidence related 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 33, effective 27 Aug 2001 until 21 Aug 2002, 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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

C. 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.

D. 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.

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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