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NAVY | DRB | 2005_Navy | ND0500028
Original file (ND0500028.rtf) Auto-classification: Denied


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

ex-ET2, USN
Docket No. ND05-00028

Applicant’s Request
The application for discharge review was received on 20040929. 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 20050107. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB found that the discharge was proper but not equitable. The Board’s vote was unanimous that the character of the discharge shall change to HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 “ Per the attached BUPERS message, If the Discharge Characterization was warranted reasons should have been documented and explained this did not occur, nor should it have been given to me based on my service. I had no disciplinary action during my career, and was, in fact, selected as a staff-pick-up at NPTU Ballston Spa.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Applicant’s DD Form 214
Copy of COMNAVPERSOM message 1 Jul 03

* Applicant’s comments in Block 8 of DD 293 form requested that the NDRB review page 4, copies of evals, awards and citations, BUPERS message, medical record showing I was on Navy –Issued birth control at time of conception.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980901 - 990621  COG
         Active: USN                        990622 – 010929  HON

 Period of Service Under Review :
Date of Enlistment: 010930               Date of Discharge: 030731

 Length of Service (years, months, days):

         Active: 01 10 02
         Inactive: None

 Age at Entry: 20                          Years Contracted: 6

 Education Level: 12                        AFQT: 89

 Highest Rate: ET2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.57 (7)             Behavior: 3.14 (7)                OTA: 3.35

 Military Decorations: None

 Unit/Campaign/Service Awards: LETTER OF COMMENDATION (2), GCM

 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 :

010930:  Applicant reenlisted this date for 6 years.

030519:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

030519:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible as Honorable Conditions by reason of convenience of the Government due to parenthood or custody of minor.

030519:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

030523:  Counseling. Applicant counseled concerning the Navy’s Family Care Policy. Applicant signed the following statement: “ I understand that I am responsible for making adequate family care arrangements for contingencies which might arise while fulfilling my military responsibilities. I also understand that I may be subject to disciplinary action and possibly administrative discharge should I fail to complete a Navy Family Care Plan Certificate outlining such arrangements.”
030605:  Commanding Officer recommended a honorable discharge by reason of convenience of the Government due to parenthood or custody of minor children. Commanding Officer’s comments (verbatim): “On 14 May 2003, ET2 V_ submitted her request fro separation for parenthood stating her inability to comply with the Navy’s Family Care Plan. Based on enclosures (2) through (7), I conclude that ET2 V_ cannot make adequate family care arrangements between her or her husband’s (EM2 A_ T. V_) next of kin and, therefore recommend she be separated from the naval service with a discharge characterized as Honorable.”

030701:  CNMPC directed the Applicant's discharge with characterization of type warranted by service record 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 20030731 with a characterization of 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).

The Board found that in the Applicant’s case, the characterization of service should have been “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 required for an honorable discharge and there was no adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.



 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, re-issued October 2002, effective 22 Aug 2002 until Present, 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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