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NAVY | DRB | 2004_Navy | ND04-01141
Original file (ND04-01141.rtf) Auto-classification: Denied


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


ex-AA, USNR
Docket No. ND04-01141

Applicant’s Request
The application for discharge review was received on 20040708. 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 review was conducted in Washington, D.C. on 20050118. 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 the 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. “I respectfully request my discharge be changed from ‘Conveience of Government’ to ‘Hardship’ discharge do to Parenthood of custody of minor children. When I was discharged in Mar. of 1999 I was told I was to receive a hardship because at the time both my husband and myself were to be on sea duty and we were unable to find a relative to give custody of our then four month daughter to. Since we had no one we felt we had no other choice but for me to get out early. We tried to request for me to stay at a shore command, but we were denied because we were both on our 1 st enlistment. I was discharged very quickly and was not explained anything about my discharge. I was told I was getting a hardship discharge and that I could reenlist and I would get my GI Bill. I knew nothing about the code ‘Convenience of Government’ at the time of my discharge until June 2003 when I went to apply for my GI Bill. I was then told I didn’t qualify because of that code being on my DD 214. A code I didn’t know was there.
I believe my discharge should be changed because I was never informed of having any thing to do with the ‘Convenience of Government’ code. I was told at the time of my discharge that I was getting a hardship discharge because of Parenthood and custody of a minor child, and that I would still get my GI Bill. I was lied to and my Honorable discharge under Conveience of Government feels more like a dishonorable discharge. 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 (2 pages)
Letter from Applicant to Mr. H_ (3 pages)
Letter from Applicant
Handwritten Note RE: Applicant’s request for shore duty
Request Chit for Spousal Collocation
 Enlisted Personnel Action Request (3 pages)
Permanent Change of Station Orders Notification
 Enlisted Personnel Action Request (2 pages)
 Enlisted Performance and Counseling Record

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: 970805               Date of Discharge: 990319

 Length of Service (years, months, days):
         Active: 01 07 15
          Inactive: None
Age at Entry: 21                          Years Contracted: 8

 Education Level: 14                        AFQT: 62
Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 4.00 (1)             Behavior: 3.00 (1)                OTA: 3.33

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

 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 :

970805:  Applicant ordered to active duty for 36 months under the Airman Apprenticeship Program.

990319:  Applicant discharged with an honorable discharge 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 19990319 with an honorable discharge 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 case, 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 existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. The Applicant’s issues and other evidence clearly documents that parenthood or custody of minor children was the reason the Applicant was discharged. 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 Veterans Administration determines eligibility for post-service benefits not the Naval 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. Likewise, the Board has no authority to change a discharge for the sole purpose of establishing eligibility for VA educational benefits. 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. 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, 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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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