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NAVY | DRB | 2005_Navy | ND0500477
Original file (ND0500477.rtf) Auto-classification: Denied


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

ex-ET3, USN
Docket No. ND05-00477

Applicant’s Request
The application for discharge review was received on 20050125. The Applicant requests the reason for the discharge be changed to “from KDG to KDH 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 20050511. 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 discharge shall not change. The discharge shall remain: HONORABLE/ PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 3620215.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I was not discharged due to pregnancy. I was a single mother and the person who was helping (my step mom & Dad) could no longer help me. Please change from code KDG to KDH.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920806 - 920817  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920818               Date of Discharge: 941123

 Length of Service (years, months, days):

         Active: 02 03 06
         Inactive: None

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

 Education Level: 12                        AFQT: 88

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (3)             Behavior: 3.80 (3)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC

 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 3620215.

 Chronological Listing of Significant Service Events :

941020:  Dependent Care Certificate: Applicant indicated that she unable to comply with the Navy's policy for dependent care.

941021:  Retention Warning: Advised of deficiency (Inability to locate suitable care for your dependent daughter thereby making you ineligible for world wide assignability), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

941027:  Applicant’s requested parenthood discharge based upon her lack of ability to care for her daughter and fulfill her responsibilities to the United States Navy.

941027:  Applicant notified of intended recommendation for discharge by reason of convenience of the Government due to parenthood or custody of minor. If separation is approved, the least favorable characterization of service authorized is general (under honorable conditions).
941027:  Applicant advised of rights and having consulted with counsel certified under UCMJ, Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to submit a statement. Applicant did not object to separation.

941216:  Commanding Officer directed discharge with an honorable by reason of convenience of the Government due to parenthood or custody of minor children. Commanding Officer’s comments (verbatim): ET3 B_ (Applicant)’s mother is currently caring for her 10 month old daughter. Her mother has recently found out that she is herself pregnant and expecting delivery in the next few months. ET3 B_ (Applicant)’s mother is already caring for 2 of her own children in addition to ET3 B_ (Applicant)’s child. With a newborn on the way she will no longer be able to care for ET3 B_ (Applicant)’s child. ET3 B_ (Applicant) had orders to report to the USS PUGET SOUND (AD 38) no later than 17 December 1994. She indicated that she was unable to find acceptable and affordable child care and was therefore unavailable for worldwide assignment and deployment. She requested discharge from the Naval Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19941123 with an honorable 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 and equitable (C and D).

Issue 1: The summary of service clearly documents that parenthood was the reason the Applicant was discharged. On 19941020 the Applicant indicated that she would be unable to comply with the Navy’s policy for dependent care. The Applicant was issued a retention warning on 19941021 that outlined corrective actions and assistance available, and advised of consequences of further deficiencies. On 19941027 the Applicant requested a parenthood discharge based upon her lack of ability to care for her daughter and fulfill her responsibilities to the United States Navy. The Board reviewed all available documents and determined that a separation code change to hardship is not warranted. 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 denied.

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), effective 22 Jul 94 until 02 Oct 96, Article 3620215, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF 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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