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USMC | DRB | 2006_Marine | MD0600021
Original file (MD0600021.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD06-00021

Applicant’s Request
The application for discharge review was received on 20050922. The Applicant requests the Narrative Reason for Discharge received at the time of discharge be changed 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 20060830 . 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 pregnancy /childbirth.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application to the Board:

 “I am requesting a review of my “Reason for Discharge” and that it be changed to “Hardship”. I joined the Marine Corps when I was 17 years old, received injuries while in Boot Camp and continued to serve active duty in the Marine Corps until June/1996. On or about Feb/1996, I bec a me pregnant and requested a Hardship Discharge due to Medical Conditions and Parental Responsibilities. I supplied documentation of such as requested at the time. I was later called to the Administrative Offices and told that my discharge request had been processed. I was requested to sign some exiting paperwork and was specifically told by the Corporal handling my paperwork that the “Pregnancy Discharge” was the same as the “Hardship Discharge”. I was told that I would be eligible for the same veteran’s benefits since I was receiving an Honorable Discharge and was told that this was just a formality. I asked him many questions about this issue and was reassured each time that it was the same discharge that I’d initially requested and I would be eligible for the same veteran’s benefits. I was also requested to sign documentation for guardianship for my unborn child even though I explained that my only known living relative was my Great Grandmother who was in her 90’s and living in a retirement home. I was told to list her anyway. As requested, I signed the paperwork and was officially discharged from Active Duty. I continued my commitment in the IRR until the summer of 2004 when I was officially released from the Marine Corps. Since my discharge, I put myself through college and consider myself to be a moral and upright citizen. I believe that my testimony should be accepted accordingly. Please feel free to review applicable documentation already on file and to request additional documentation as needed. I believe that I met the requirements for a Hardship Discharge and am requesting that the change be made at this time. I appreciate your time in reviewing this matter.”
Documentation
Only the service record book and medical record were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19950130 – 199 5 0220      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 199 5 0221             Date of Discharge: 19960628
Length of Service (years, months, days):

 Active: 01 04 07 (Does not include lost time.)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 24 days
         Confinement:              23 days (extracted from DD214)

 Age at Entry: 1 7 (Court Ordered Emancipation)

Years Contracted: 4

Education Level: GED                                 AFQT: 86
Highest Rank: PFC                                   MOS: 6300

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3 . 9 ( 5 )                                Conduct: 3.9 ( 5 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Rifle Marksmanship Badge, Letter of Appreciation.


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
HONORABLE/ PREGNANCY OR CHILDBIRTH , authority: MARCORSEPMAN Par. 6408.

 Chronological Listing of Significant Service Events :

950831:  Applicant to unauthorized absence at 0600 on 950831.

950924:  Applicant from unauthorized absence at 1500 on 950924 (24 days/surrendered).

951102:  Summary Court-Martial.
         Charge: violation of the UCMJ, Article 86:
         Specification: UA from 31Aug95 to 24Sept95.
          Finding: to Charge and the specification thereunder, guilty.
          Sentence: Forfeiture of $569.00 pay per month for 1 month and 30 day of confinement, reduced to E-1.
         CA action 951103: Sentence approved and ordered executed.

 960312:  Special Light Duty for Pregnancy Memorandum, dtd March 12, 1996
960419:  Applicant’s PCS Orders to CG, 2D MAW, MCAS Cherry Point, NC, were cancelled due to her request for discharge due to pregnancy.

 960507:  Eligibility for M aternity C are l etter from Commanding Officer, Marine aviation Training Support Group 9 0, to the Applicant: In view of the fact that you are being separated from the Marine Corps for Pregnancy, you are eligible for medical care and surgical care incident to pregnancy .
960521:  Notification of C onfirmation of Pregnancy letter from the Applicant to the Commanding Officer, Headquarters and Headquarters Squadron 90 : Applicant notified command of pregnancy . “I understand that I may request separation and remain eligible for maternity care until the birth of my c hild . Since I feel that extenuating circumstances exist which preclude m y further service, enclosure (2) is my request for separation per MCO 5000.12D .

960610:  Commander, Marine Corps Air Bases, Eastern Area, approved the Applicant’s request for separation due to pregnancy. The Commanding Officer, Marine Aviation Training Support Group 90, was directed to release the Applicant from active duty no later that 28 June 1996 and transfer t o the Individual Ready Reserve, using this letter and paragraphs 6401.5 and 6408 of MCO P1900.16E .
960618:  Counseling entry: Applicant informed by Commanding Officer, that she is recommended but not eligible for reenlistment due to Pregnancy (Hardship) and that she is assigned the RE Code of RE-3P upon separation.
960628:  DD Form 214: Applicant discharged with Honorable due to Pregnancy/Childbirth.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960628 by reason of pregnancy or childbirth (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 Applicant implies that her Narrative Reason for discharge is improper because her reason for requesting discharge was due to hardship. Applicable regulation indicates that a Marine may request discharge by reason of dependency or hardship if the hardship is not temporary, the Marine has made every effort to remedy the situation, separation will eliminate or materially alleviate the condition, and there is no other means of alleviation reasonably available. The Applicant did not provide any information to the Board to demonstrate that she properly requested discharge on the basis of hardship or that she met the criteria for discharge by reason of hardship. In fact, the records show that on 19960521, the Applicant officially notified the Commanding Officer, Marine A viation Training Support Group 90, of her pregnancy. In that notification, she requested separation in accordance with the Marine Corps Policy concerning Pregnancy and Parenthood. As required, the Commanding Officer properly notified the Applicant of maternity care eligibility, which the Applicant acknowledged on 19960521. On 19960610, the Commander, Marine Corps Air Bases, Eastern Area, approved the Applicant’s request for discharge due to pregnancy.

Under its responsibility to examine the propriety and equity of the Applicant's discharge, the NDRB will change the reason for discharge if such a change is warranted. The Applicant’s records clearly document that the Applicant requested separation after becoming pregnant and the course of action taken by her command supports separation due to pregnancy. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Therefore changing the Narrative Reason for Separation to “Hardship” would be inappropriate. Relief denied.

The Applicant informed the Board that she put herself through college and considers herself to be a moral and upright citizen. For the Applicant’s edification, the Board typically considers post-service accomplishments in the context of upgrading the Character of Service on equity grounds. Since the Applicant received an Honorable discharge, the Board was left to consider her post-service factors in the context of her request for narrative reason change. The Board determined that her claims of putting herself through college and being an upright citizen do not provide a basis to change the reason for discharge to “Hardship.” Relief on this basis is not warranted.

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 post-service accomplishments or any other evidence related to the discharge at that time. Representation at a personal appearance hearing is recommended but not required.



Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, (MCO P1 9 00.1 6 E), effective 950818 until 010831, Paragraph 620 8 , PREGNANCY/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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