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NAVY | DRB | 2004_Navy | ND04-01316
Original file (ND04-01316.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND04-01316

Applicant’s Request
The application for discharge review was received on 20040818. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge 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 20041222. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety in the characterization of the Applicant’s service was discovered by the NDRB, however, the Board did find an inequity. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall be: 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:

 “Upon my discharge date I requested a meeting with Captain H------, to get my discharge reviewed and changed prior to 02May16. Unfortunatly, I was not granted this privilege, which at the time I was under the impression would be granted. When my discharge was processed; I am quite certain that it was miscoded. From my research, I have learned that anyone leaving the military on a parenthood discharge would receive a General RE-3B. I did receive the General discharge, but coded RE-4. Furthermore, it has come to my understanding that a person who receives a General discharge, may request an upgrade to an Honorable discharge. Also, it is well known that making the choice to have a child while serving active duty is frowned upon. Having my child, while being on active duty, was by no means a way out for me. I had a wonderful experience in the Navy and treasure the friendships, values and work ethics were instilled in me. I want to stringly convey the message that I did not want to be discharged from the Navy. I was under the impression I could finish my last year doing Funeral Detail, for which I was highly recommended by NAVSTA to be able to do. I hope that with my records and my letters I would be granted an Honorable discharge, which I feel I am deserving of.

Thank You,

S_ R_”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of the Applicant’s DD Form 214
Copy of letter of summary of duties from DCC(SW) M.L. D_, USN (not dated)
Copy of letter of character reference from STS1(SS) D_R_M_, (not signed and not          dated)
Copy of letter of character reference from EN2 C.M. M_, dtd September 1, 2001
Copy of letter of recommendation from DCC(SW) R.D.W_, dtd 19 Aug 2001
Copy of letter of recommendation from ENS J_M.H_, 24 August 2001
Copy of letter from Applicant, (not signed and not dated)
Copy of letter of recommendation from SM3 D_, (not dated)
Copy of letter of recommendation from LIC (SW) H_ L. T_, (not signed and not dated)
Copy of letter or recommendation from SM1 B_, (not signed and not dated)
Copy of letter from C_M_M_, dtd August 10, 2001
Copies of 3 Evaluation Reports, (6 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         
         Inactive: USNR (DEP)     970530 – 980409*         ELS
         Inactive: USNR (DEP)     000920 - 001024  COG
         Active: None

* ELS date cannot be verified
 Period of Service Under Review :
Date of Enlistment: 0010225     Date of Discharge: 020624

 Length of Service (years, months, days):

         Active: 01 08 00
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 3.00 (2)                OTA: 3.42

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

010621:  Administrative Remarks: Applicant counseled regarding rights and benefits as a pregnant woman in the Navy, in acoordance with OPNAVINST 6000.1A and the requirements for maternity benefits after separation from the naval service as required by MILPERSMAN 1910-124.

010621:  Administrative Remarks: Applicant counseled concerning family care contingency planning and will act accordingly by returning the completed Department of the Navy Family Care Certificate (OPNAV 1740/6) within 60 days from this date. Failure to maintain worldwide availability, or lack of contingency planning (OPNAV 1740/7) formalizing availability to perform a full range of military duties may result in: (a) involuntary separation from the naval service, or (b) restriction/denial of reenlistment/continuance or augmentation. Applicant provided a copy of MILPERSMAN 1910-112.

020215:  Retention Warning: Advised of deficiency (“You [Applicant] have failed to comply with the Navy Family Care Policy Program. Your failure to provide adequate care for your dependents 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.    

020301:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

Not Dated:       Applicant submits letter of request for childhood discharge to Commanding Officer, Naval Station San Diego.
020318:  Applicant notified of intended recommendation for discharge by reason of convenience of the Government due to parenthood or custody of minor with the least possible characterization of service possible as a general (under honorable conditions).
020318:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

020401:  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 Officers comments: “ Processing in this case was commenced after AN R_ voluntarily requested to be separated from the Navy by reason of Convenience of the Government – Parenthood. AN R_ was formally counseled and warned of her failure to comply with the Navy’s Family Care Policy Program. AN R_ completed enclosures (5) and (6) indicating that she could not comply. She requested separation from the naval service due to her inability to find appropriate childcare for her daughter, E_ C_ R_.”

000612:  CNMPC directed the Applicant's discharge, type warranted by service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020624 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 but not equitable (C and D).

 In the Applicant’s case, the separation authority, COMNAVPERSCOM, directed that the characterization of service should be the “type warranted by service record.” A review of the Applicant’s records indicated an honorable discharge was warranted. The Applicant’s performance and behavior marks were above the standard for an honorable discharge and there were no adverse counseling entries that would have warranted a less favorable characterization. Therefore, relief is granted.

The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, and is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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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