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NAVY | DRB | 2005_Navy | ND0500839
Original file (ND0500839.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-HN, USN
Docket No. ND05-00839

Applicant’s Request
The application for discharge review was received on 20050413. The Applicant requests the Narrative Reason for Separation be changed to “hardship.” The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation from the American Legion.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060413. After a thorough review of the available 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 by reason of pregnancy/childbirth.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application and/or attached document/letter:

“I believe my discharge code to be in error for the following reasons. While I was on active duty I had made my contribution to the Montgomery GI Bill for my future education. If I was to remain on active duty it would have been a hardship on my family due to location and my husbands job security. After numerous attempts to get West Coast orders, I was given the option of a pregnancy discharge. I was informed that I would still receive all my benefits as long as I had served at least 24 months on active duty. Within 2 years of my discharge I used my VA benefits to purchase a home, I was reassured that all my benefits wee intact. When I started school I found that not to be the case. Because of my discharge code I am unable to receive my GI Bill. Benefits. I regret giving up my Navy career. I would greatly appreciate if you would change my code to hardship. So I can attend school. Please let me know if there is anything that I could do to help. Thank you for your time and understanding
[signed] T_ S_(Applicant)”

 “To Whom it May Concern,

I believe my discharge code to be in error for the following reasons:

While I was on active duty I had made my contribution to the Montgomery G.I . Bill for my future education . If I was to remain on active duty it would have been a hardship on my family due to my husbands job security and location . (I was on the East coast and he was on the West coast) After numerous attempts to get West coast orders, I was given the option of a pregnancy discharge . I was informed that I would still receive ALL my benefits as long as I had served at least 24 months on active duty, which I did . Within 2 years of being discharged, I purchased a home with my VA benefits I was reassured that all my benefits were intact . When I started school I found that not to be the case . I regret giving up my Navy career . I would greatly appreciate it if you would change my discharge code to Hardship, so I can attend school . I am now a single mother trying to support my children, I really need this G.I . Bill . Please let me know it there is anything else that I can do.
Thank you for your time and understanding,
[signed]
T_ S_(Applicant)”
The Applicant’s representative submitted no issues for consideration.


Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Request for DD Form 214 (2)
Applicant’s DD Form 214 (Member 1 and 4) (2)
Applicant’s DD Form 149, dtd November 29, 2004
Special Request/Authorization, dtd January 11, 1996 (2)
Character Reference ltr from E_ E. O_, NCC, USN Retired, dtd May 23, 2005 (3 pages)
Character Reference ltr from B_ V_, dtd April 11, 2005
Character Reference ltr from B_ N_, dtd April 10, 2005 (2 pages)
Fourteen pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19931115 - 19940221      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19940222             Date of Discharge: 19960305

 Length of Service (years, months, days):

         Active: 02 00 14
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 21

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 43

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                    Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal//Meritorious Unit Commendation
* Not Available


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

HONORABLE/PREGNANCY/CHILDBIRTH, authority: MILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

Undated:         Applicant’s request for separation from active duty. [Extracted from supporting documents provided by the Applicant.]
951220:  Memorandum from M. R. F_, HMC, USN recommending early separation for hardship. [Extracted from supporting documents provided by the Applicant.]

960111:  Applicant requested, via Special Request/Authorization form, “to be separated from the service due to my financial situation, being pregnant and separated from my husband. Acting Division Head recommended approval on 960111. Head, Radiology Department, recommended Approval on 960111. T_ R. C_ approved the request on 960130. Head, Radiology Department, changed his recommendation on 960129. Reason for disapproval block reads: “... signed contract for 5 yrs, must honor contract. Not married when entered contract nor pregnant.” [Extracted from supporting documents provided by the Applicant.]

960305:  DD Form 214: Applicant Honorably discharged by reason of Pregnancy/Childbirth, authority: MILPERSMAN, Article 3620200.


Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19960305 by reason of pregnancy/childbirth (A) with a service characterization of honorable. 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 and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant contends that her “discharge code” is in error because of her personal situation at the time of discharge. Specifically, the Applicant contends that if she would have remained on active duty, and not been discharged due to pregnancy, she would have been separated by reason of hardship due to being separated from her husband. Further, the Applicant implies through supporting documents, that due to her pregnancy and financial situation, her discharge should have been by reason of hardship. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. Appropriate regulations stipulate that hardship discharges are not appropriate for financial reasons, indebtedness, personal convenience, custody battles or parenthood. Further, discharge by reason of hardship require that the hardship that exists is not normally encountered and resolved by other members of the naval services. Therefore, the Board determined that the Applicant’s issues during the time of her service did not fall under “hardship” per the meaning of the regulations. Pregnancy/Childbirth is the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief denied.

The Applicant requests that her narrative reason for discharge be changed to hardship so that so that she can receive additional veterans benefits. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization or narrative reason changes solely on the issue of obtaining Veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. 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 5, effective 5 Mar 93 until 21 Jul 94), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.


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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