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NAVY | DRB | 2004_Navy | ND04-01365
Original file (ND04-01365.rtf) Auto-classification: Denied


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

ex-AO3, USN
Docket No. ND04-01365

Applicant’s Request

The application for discharge review was received on 20040901. 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 20041222. 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 change. The discharge shall change to: HONORABLE/HARDSHIP, authority: NAVMILPERSMAN, Article 1910-110 (formerly 3620210).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “While on active duty, my son was diagnosed with Autism Spectrum disorder, a neurological disability and severe developmental delays. My son was living with his grandmother who became unable to care for him due to the increasing amount of care he required. I am a single mother and was a long way from any family support. I tried searching for a solution to be able to remain in military service including trying to be stationed closer to family in order to have the support network needed to give my son the care he required. No solution could be found that would allow me to remain in the Navy while at the same time provide round the clock skilled care for my son. I was forced by circumstances beyond my control to prematurely end my military service.

While in the U.S. Navy I served proudly. I believe I performed my duties as ordered and to the best of my ability. Had it not been for my son’s disability I would have remained in the Navy. At the time of my discharge I had no unfavorable actions or disciplinary actions.”

 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)     970904 - 970929  ELS
                                             010515 - 010617  COG
         Active:                            None

 Period of Service Under Review :
Date of Enlistment: 010618               Date of Discharge: 030630

 Length of Service (years, months, days):

         Active: 02 00 13
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 69

 Highest Rate: AO3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NMCOSR

 Days of Unauthorized Absence: None

*No marks found in record

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

GENERAL (UNDER HONORABLE CONDITIONS)/HARDSHIP, authority: NAVMILPERSMAN, Article 1910-110 (formerly 3620210).

 Chronological Listing of Significant Service Events :

011016:  Applicant’s marriage dissolved in Sylvania, GA.

 020509:  Counseling: Advised of deficiency (Exceeding height/weight and body fat limits), notified of corrective actions and assistance available.
021216:  Applicant promoted to Petty Officer Third Class.

 030630:  Applicant discharged with a general (under honorable conditions) discharge by reason of hardship.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030630 with a general (under honorable conditions) due to hardship (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, but not equitable (B and C).

Issue 1: The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of Applicant’s records indicated an honorable discharge was warranted. The Applicant’s rapid promotion to E-4 indicates her performance and behavior marks were likely above the standard required for an honorable discharge. Likewise, there was no adverse information in her service record that would have warranted any other characterization of her service. Therefore, relief to the character of service is granted.

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), re-issued October 2002, effective 22 Aug 02 until Present, Article 1910-110 (Previously 3620210), Separation by Reason of Convenience of the Government – Hardship.

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 .

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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