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NAVY | DRB | 2005_Navy | ND0501471
Original file (ND0501471.rtf) Auto-classification: Denied


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

ex-AOAA, USN
Docket No. ND05-01471

Applicant’s Request
The application for discharge review was received on 20050907. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060525. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was 4 to 1 that the character of discharge shall change to: HONORABLE. The reason for discharge shall remain 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:

“R/R an upgrade to Honorable due to discharge being a convenience to the government. I was never in any trouble & was a hard worker. I just did not have anyone to care for my child.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4) (2 copies)
Evaluation Report & Counseling Record, dtd December 18, 1998 to June 11, 1999
MILPERSMAN 1910-112 (2 pages)
Ltr from Senior Medical Officer, dtd Mar 25, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19980716 – 19980811               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19980812             Date of Discharge: 19990721

 Length of Service (years, months, days):

         Active: 00 11 10
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4

Education Level: 12                                 AFQT: 59

 Highest Rate: AOAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0(1)                        Behavior: 3.0(1)                  OTA : 3.0
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None


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

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

990624:  Family Care Plan Certificate: Applicant indicated that she was unable to comply with the Navy's policy for dependent care.

990702:  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 – Pregnancy or childbirth.
990702:  Applicant, having been advised of rights and having elected not to consult with counsel, waived all rights.

990721:  DD Form 214: Applicant discharged with a General (Under Honorable Conditions) by reason of convenience of the government due to parenthood.

 990817:  Commanding Officer, Helicopter Combat Support Squadron TWO recommended to Personnel Command that the Applicant will be discharged with a general (under honorable conditions) by reason of convenience of the Government due to Parenthood. Commanding Officer’s comments: “AOAA C_ (Applicant) does not have adequate dependent care arrangements which allow for a full range of military duties and for worldwide availability as evidenced by enclosure (1). She requested separation in order to adequately provide care for her child. I therefore administratively separated her.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19990721 by reason of convenience of the government due to parenthood or custody of minor children (A) with a service characterization of general (under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (B and C).

The Applicant requests “an upgrade to honorable due to discharge being a convenience to the government.” When a member is separated in accordance with reference (A), the character of service shall be honorable, unless general (under honorable conditions) is warranted by the service record. The Applicant’s service record contained no adverse entries. Therefore, the most appropriate character of service is honorable. Relief is granted.
The separation authority determined that parenthood or custody of minor children most clearly described the reason for discharge. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change to the narrative reason for discharge would not be appropriate.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 21, effective 01 Sep 1998 to 26 Aug 2001, 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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