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NAVY | DRB | 2006_Navy | ND0600007
Original file (ND0600007.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. ND06-00007

Applicant’s Request
The application for discharge review was received on 20050928. 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 20060621. 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 character of the discharge shall not change. The discharge shall remain General (Under Honorable Conditions) 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:

“I believe my discharge should be upgraded to Honorable because I had completed 3 years and 6 months of my tour. I received a letter of recommendation for my above average work. I tried to serve and wanted to, but was unable to do to child care problems.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Four pages from Applicant’s service record
High Honor award, Weber State University, Summer 2004-05

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000803 - 20010625      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20010626             Date of Discharge: 20050103

 Length of Service (years, months, days):

         Active: 03 06 08
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 99

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.5 (6)                       Behavior: 2.5 (6)                 OTA: 3 .04
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):

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

Chronological Listing of Significant Service Events :

020205:  Applicant reduction in rate and disenrolled from training. Disenrolled from the Nuclear Field Program for failure to meet required academic standards. [Extracted from Evaluation Report and Counseling Record, dated 22 Feb 02.]

030121:  NJP for violation of UCMJ, Article 92:
         Award: Forfeiture of 1/2 pay for 2 months, restriction and extra duty for 45 days, reduction to E-1. No further information found in service record. [Extracted from Evaluation Report and Counseling Record, Period of Report, 02 Jul 16 to 03 Apr 10.]

040831:  Applicant counseled on the Navy Dependent Care Policy. Applicant acknowledged an understanding of her responsibilities under OPNAVINST 1740.4A. Applicant acknowledged that she has 60 days to complete and return a Dependent Care Certificate. Applicant acknowledged that failure to maintain worldwide availability or failure to perform a full range of military duties and assignments/deployments, or have repetitive absence due to dependent problems may result in being involuntarily separated from the Naval Service by reason of convenience of the Government/Parenthood in accordance with MILPERSMAN 1090-124. Applicant acknowledged that any failure to adhere to requirements cited for the Dependent Care Program may result in being processed for Administrative Discharge.

040920:  Retention Warning: Advised of deficiency (Non-compliance with the Department of the Navy’s Family Care Plan Certificate and worldwide availability.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 040924:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of parenthood.
040924:  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.
041207:  Commanding Officer, USS THEODORE ROOSEVELT (CVN 71), directed discharge with a general (under honorable conditions) by reason of convenience of the government due to parenthood. Commanding Officer’s comments: “(1) Seaman J_(Applicant) reported to this command in February 2004. She is the single mother of one child. Seaman J_(Applicant) is unable to comply with the Navy’s policy for care of her dependent child. (2) Seaman J_(Applicant)’s situation is long term in nature and renders her unable to perform her duties on board. She is unable to deploy with the ship and is not worldwide assignable. (3) Seaman J_(Applicant) was counseled on 31 August 2004 and 20 September 2004 on the Navy’s policy for dependent care and her responsibility to arrange adequate childcare for her child in order to remain world wide assignable. (4) I recommend she be discharged with a general (Under honorable conditions) discharge pursuant to reference (c). My recommendation is based on Seaman J_(Applicant)’s three year of honorable, faithful service and lack of any disciplinary problems.”

041214:  NJP for violation of UCMJ, Article 134:
          Award: Restriction and extra duty for 20 days. No indication of appeal in the record. [Extracted from Evaluation Report and Counseling Record dated 050102.]
Service Record contains a partial Administrative Discharge package (missing the Dependent Care Certificate) and was missing elements of the Summary of Service.
.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050103 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 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).

 When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by 2 nonjudicial punishment proceedings for violations of Articles 92 and 134 of the UCMJ. In addition, the Applicant received a retention warning for non-compliance with the Department of the Navy’s Family Care Plan Certificate and worldwide availability. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief 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 any claims of post-service accomplishments or any additional evidence related to this 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 19 May 2005, 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 .

 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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