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NAVY | DRB | 2005_Navy | ND0500911
Original file (ND0500911.rtf) Auto-classification: Denied


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

ex-SKSN, USN
Docket No. ND05-00911

Applicant’s Request
The application for discharge review was received on 20050504. The Applicant requests the Narrative Reason for Separation be changed “From Convenience of the Government to Hardship.” The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050831. 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 narrative reason for discharge shall not change. The discharge shall remain Honorable by reason convenience of the Government due to pregnancy-childbirth.





 PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

“At time of requested discharge I had no one to care for my unborn child if sent to sea after birth. I requested discharge because of that reason. I was not expecting to get married the day before my discharge. Discharge was requested weeks before actual discharge and marriage.”


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: USNR (DEP)     19950731 – 19960630      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19960701             Date of Discharge: 19980501

 Length of Service (years, months, days):

         Active: 01 10 01
         Inactive: None

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

 Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 53

 Highest Rate: SKSN

 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) : Navy & Marine Corps Achievement Medal, Navy & Marine Corps Overseas Service Ribbon, Letter of Commendation, Navy Pistol Marksmanship Ribbon
* Not Available


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

HONORABLE/PREGNANCY - CHILDBIRTH, authority: MILPERSMAN, Article 1910-112.
Chronological Listing of Significant Service Events :

980409:  Retention Warning: Advised of deficiency (You must comply with Navy policy on dependent care responsibilities during duty hours, exercises, unaccompanied tours, TAD, extended duty hours, PCS and similar military obligations), notified of corrective actions (must affirm that you have made and will maintain arrangements for the care of your dependents by complying with the Department of the Navy Dependent Care Certificate) and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
980414:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of Convenience of the Government due to Pregnancy or Childbirth.
980414:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
980521:  Commanding Officer, Shore Intermediate Maintenance Activity, Everett, WA, advised CNP of Applicant’s discharge on 1 May 98 with an honorable by reason of convenience of the Government due to pregnancy – childbirth as evidenced by her failure to sign a dependent care certificate. Commanding Officer’s comments: “Member separated prior to processing of this letter. Seaman M_ (Applicant) has indicated that she would not sign a dependent care certificate. Separation is in the best interest of the U.S. Navy.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19980501 by reason of convenience of the Government due to pregnancy-childbirth (A) with a service characterization of honorable. After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety or inequity after a thorough review of the Applicant’s case. The Naval Military Personnel Manual, (NAVPERS 15560C), Article 1910-110 (previously 3620210), Separation by Reason of Convenience of the Government – Hardship, specifically lists parenthood (unable to comply with the Family Care Plan Certificate) as a unauthorized use of hardship discharge. 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. The Applicant admits to requesting the discharge due to pregnancy and refusal to sign the dependent care certificate. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason for Separation would be inappropriate.

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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to her discharge at that time. 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 18, effective 12 Dec 97 until 21 Aug 01, Article 1910-112 (previously 3620220), Separation by Reason of Convenience of the Government - Pregnancy or Childbirth.

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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