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NAVY | DRB | 2005_Navy | ND0500491
Original file (ND0500491.rtf) Auto-classification: Denied


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

ex-PR2, USN
Docket No. ND05-00491

Applicant’s Request
The application for discharge review was received on 20050202. 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 record discharge 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 character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/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. “Enlisted under a five year enlistment, with an honorable discharged and reenlisted and received general under honorable. Would like to have it upgraded to a honorable discharge.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: USA                        9209XX – 9304XX  Unknown
         Active: USN                        950130 - 000127  HON

 Period of Service Under Review :
Date of Enlistment: 000128               Date of Discharge: 020809

 Length of Service (years, months, days):

         Active: 02 06 12
         Inactive: None

 Age at Entry: 25                          Years Contracted: 6

 Education Level: 12                        AFQT: 66

 Highest Rate: PR2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.66 (3)             Behavior: 2.33 (3)                OTA: 3.28

 Military Decorations: NAM

 Unit/Campaign/Service Awards: NDSM (2), GCM (2), NATO, OSR

 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 :

011114:  NJP for violation of UCMJ, Article 84 (6 specs): Effecting a unlawful enlistment, appointment, or separation by knowingly enlisting ineligible members without having a high school diploma or the requisite education.
         Award: Forfeiture of $500 per month for 2 months, reduction to E-4. No indication of appeal in the record.
020102:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

020107:  Retention Warning: Advised of deficiency (Inability to comply with NAVPERS 1740/6 Family Care Plan Certificate), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020107:  Applicant’s statement requesting hardship discharge due to parenthood.

020107:  Applicant notified of intended recommendation for discharge by reason of convenience of the Government due to parenthood or custody of minor. The least favorable characterization of service member possible is GENERAL (Under Honorable Conditions).
020107:  Applicant advised of rights and having elected not to consult 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.

020114:  Commanding Officer recommended discharge by reason of convenience of the Government due to parenthood or custody of minor children.

020307:  Applicant not authorized to extend current enlistment or reenlist without prior approval from PERS 832.

020418:  Applicant signed understanding of U.S. Navy Family Care Policy. Applicant informed if requirements were not complied with that documentation would be forwarded to legal department of administrative separation.

020602:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

020605:  Applicant offered government housing and declined.

020628:  Applicant notified of intended recommendation for discharge by reason of convenience of the Government due to parenthood or custody of minor. The least favorable characterization of service possible is general (under honorable conditions.
020628:  Applicant advised of rights and having elected not to consult 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.

020628:  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.

020730:  CNPC directed the Applicant's discharge with a general (under honorable conditions) 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 20020809 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 and equitable (C and D).

Issue 1. On 20020102 the Applicant signed the Family Care Plan Certificate and indicated that she was unable to comply with the Navy’s policy for dependent care. The Applicant requested a parenthood discharge based upon her inability to care for her children and fulfill her responsibilities to the United States Navy. Normally, a characterization of honorable is warranted for discharges due to parenthood. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by award of nonjudicial punishment (NJP) for six violations of UCMJ Article 84 effecting an unlawful enlistment. The Applicant was found to have knowingly enlisted recruits without the proper educational credentials. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. 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, 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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