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NAVY | DRB | 2005_Navy | ND0500972
Original file (ND0500972.rtf) Auto-classification: Denied


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


ex-SN, USN
Docket No. ND05-00972

Applicant’s Request
The application for discharge review was received on 20050517. The Applicant requests the Narrative Reason for Separation be changed to “Hardship.” The Applicant requests a personal appearance discharge review before a traveling panel closest to Houston, Texas or in the Washington, DC metropolitan area. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC Metropolitan area. Additionally, the Applicant was informed that the NDRB first conducts a documentary review prior to any personal appearance hearing. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051102. 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 by reason of convenience of the government due to parenthood or custody of minor children.

appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I was separated due to parenthood of custody of minor child but it does not state that it was also due to hardship.”

 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: None

 Period of Service Under Review :
Date of Enlistment: 19931230             Date of Discharge: 19960327

 Length of Service (years, months, days):

         Active: 02 02 17
         Inactive: 00 00 12

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

 Age at Entry: 19

 Years Contracted: 8

 Education Level: 12                                 AFQT: 37

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.2 (2)              Behavior: 3.2 (2)                          OTA: 3.2

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal


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

HONORABLE/P ARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: MILPERSMAN, Article 3620215.

Chronological Listing of Significant Service Events :

940111:  Commenced active duty for a period of 36 months.
941213:  NJP for violation of UCMJ, Article 134: Drinking alcoholic beverages while under the legal drinking age of 21.
         Violation of UCMJ, Article 95: Escape from custody.
 Violation of UCMJ, Article 91: Disrespectful in language to a petty officer.
Violation of UCMJ, Article 86: Unauthorized absence.
         Award: Restriction and extra duty for 30 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
Service Record did not contain the Administrative Discharge package.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19960327 by reason of convenience of the government due to parenthood or custody of minor children (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 Narrative Reason for Separation should read “Hardship” instead of Parenthood or Custody of a Minor Children. A separation by reason of convenience of the government – hardship, is a separate and distinct reason for discharge. Under applicable regulations, a hardship discharge must be initiated by the affected servicemember and stringent criteria must be met before the discharge is authorized. Such a discharge is not the same as separation by reason of convenience of the government – parenthood. In the absence of an administrative discharge package, the Board presumed that the Applicant was properly notified and processed for separation by reason of convenience of the government – parenthood. The Board’s presumption in this case is buttressed by the fact her DD Form 214 indicates she was separated by reason of parenthood with a corresponding separation code of “KDG”. There is no evidence in the record, nor has the Applicant produced any evidence to support the contention that her she was separated by reason of convenience of the government – hardship. If the Applicant desires to show this Board that she was in fact separated by reason of convenience of the government – hardship, as she claims, it is incumbent upon her to produce the necessary evidence to establish her claim . 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 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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