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NAVY | DRB | 2005_Navy | ND0501371
Original file (ND0501371.rtf) Auto-classification: Denied


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

ex-STS2(SS), USN
Docket No. ND05-01371

Applicant’s Request
The application for discharge review was received on 20050816. The Applicant requests the Narrative Reason for Separation be changed to “Please change my discharge code to something other than parenthood. For a more appropriate code that will allow the recoupment of funds to be dismissed.” The Applicant requests a documentary record discharge review. The Applicant designated the American Legion as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060421. 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.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“Respectfully request separation code to be changed due to parenthood Discharge. I, G_ M_(Applicant) served for seven years as a submarine during this time I reenlisted, Star Program, to further my navy career. Unfortunately due to circumstances beyond my control, my ex-wife had numerous affairs with other people.”

 Representative submitted no issues.
Applicant’s Remarks: (Taken from the DD Form 293.)

Please change my discharge code to something other than parenthood. For a more appropriate code that will allow the recoupment of funds to be dismissed

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
One pages from Applicant’s service record
Letter from J_ M_, Applicant’s mother, dtd August 11, 2002
Letter from R_ F. B_, Applicant’s stepfather, dtd August 8, 2002
Temporary travel permit, dtd June 7, 2002
Sole custody paperwork (2 pages)
Decree of Divorce
Evaluation Report and Counseling Record, September 27, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19960223 - 19960623      COG
          Active: USN      19960624 - 19990623      HON
Period of Service Under Review :
Date of Enlistment: 19990624             Date of Discharge: 20021122

 Length of Service (years, months, days):

         Active: 03 04 29
         Inactive: None

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

 Age at Entry: 23

 Years Contracted: 6

 Education Level: 12                                 AFQT: 75/66

 Highest Rate: STS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (3)                       Behavior: 4.0 (3)                 OTA: 3.81

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal/Sea Service Deployment Ribbon(2)/Armed Forces Expeditionary Medal/Navy Pistol Marksmanship Ribbon/First Good Conduct Medal, 10Apr99


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

HONORABLE/ PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: MILPERSMAN, Article 1910-124 (formerly 3620215).
Chronological Listing of Significant Service Events :

990624:  Reenlisted this date for a term of 6 years.

 020917:  Family Care Plan Certificate: Applicant indicated that he unable to comply with the Navy's policy for dependent care.

021016:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of COG-Parenthood.
021016:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
021021:  Commanding Officer, Submarine Squadron Support Unit, Norfolk, VA recommended discharge with an honorable by reason of convenience of the government for parenthood. Commanding Officer’s comments: “Petty Officer M_(Applicant) was recently divorced and granted custody of his two young children based on the unsuitability of his former spouse as a parent. MINNEAPOLIS-SAINT PAUL has investigated Petty Officer M(Applicant)’s marital status, custody claims, and family care plan,. Based on this investigation, I conclude that Petty Officer M_(Applicant) is unable to provide care for his dependent children and still meet his military responsibilities on a sea tour, he has researched a job in the civilian sector with an offer that better supports his lifestyle as a single parent. Per reference (a), he is being processed for administrative separation. I recommend he be separated with an Honorable discharge.

021113:  CNPC directed the Applicant's discharge with type warranted by service record by reason of parenthood or custody of minor children.

021114:  Commanding Officer requested Personnel Support Detachment discharge Applicant within 10 days with a Honorable due to parenthood .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20021122 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 records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

The record documents that the Applicant was unable to comply with the requirements of a family care plan and therefore was unable to deploy nor fully execute his military duties. Further, the record documents that the Applicant was notified of intended recommendation for discharge by reason of parenthood, and waived all rights. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. In addition, there is no requirement or law that grants recharacterization solely to allow the forgiveness of a debt. This issue does not serve to provide a foundation upon which the Board can grant relief. Relief denied.

The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case. He can also request a waiver for payment of out of service debt from the Defense Finance and Accounting Service.

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, re-issued October 2002, effective 22 Aug 2002 until present, 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 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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