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NAVY | DRB | 2006_Navy | ND0600016
Original file (ND0600016.rtf) Auto-classification: Denied


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

ex-YN3, USN
Docket No. ND06-00016

Applicant’s Request
The application for discharge review was received on 20050927. 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 20060628. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service. The Board ’ s vote was unanimous that the character of the discharge shall change. The discharge shall change to 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 attached letter:

 “To:      Naval Council of Personnel Boards

Subject:         Respectfully Request Upgrade in Discharge

1.       My name is B_ C. M_ (Applicant) and my SSN: #. I have attached a copy of my separation evaluation, DD-214 (page 4) and current college information. I believe my record to be unjust for two reasons:

1.       The military made a mistake on my DD-214.

2.       This was done intentionally so that I would have to go through this process.

By me receiving a General, Under Honorable this prohibits me from using my MGIB. My discharge was at the convenience of the government. While in the military I received outstanding evaluations, none to be adverse. I separated from the military due to a parenthood hardship. I received a RE-3B reentry code that entitles me to re-enter the military again. I am currently enrolled at the University of Phoenix and maintaining a 4.0 GPA. I should have submitted this claim before now, but I decided to get a contracting job with the United States Air Force using my Secret clearance that I obtained from the military. I did not know that my discharge at the time would limit me to certain VA benefits. I am in the process of ordering a copy of my military record on CD. The separation evaluation is the only eval I have in my possession at this time. Thank you for taking time to consider this claim. I look forward to hearing from you.

Respectfully Yours,

B_ C. M_ (Applicant)”










Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Copy 4)
Evaluation Report & Counseling Record, dtd 02JUN16 to 02OCT03 (2 pages)
Applicants Summary of Transfer Credits Evaluated by University of Phoenix, dtd September 17, 2005 (3 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990326 – 20000110               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20000111             Date of Discharge: 20021003

 Length of Service (years, months, days):

         Active: 02 08 23
         Inactive: None

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

 Age at Entry: 21

 Years Contracted: 4

Education Level: 12                                 AFQT: 42

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.3 (4)              Behavior: 3.0 (4)                 OTA: 3 .50

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy “E” Ribbon, 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 :

020508:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

020807:  Retention Warning: Advised of deficiency (Failure to maintain dependent care certificate.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
020902:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of parenthood.
020902:  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.
020906:  Commanding Officer, USS GONZALEZ (DDG 66), recommended that the Applicant be discharged by reason of Parenthood. Commanding Officer’s comments: “Since late June Petty Officer R_ (Applicant) has been unable to provide adequate child care for her daughter. She has missed several underways because of this inability to provide child care. She states she is unable to find dependable and affordable child care. She has also been provided contact information to both the Fleet and Family Support Center and the Child Development Center in Norfolk. She refuses to utilize either service. She has been granted both leave and special liberty to take care of her child.”

020925:  COMNAVPERSCOM , directed the Applicant's discharge with a general (under honorable conditions) by reason of Parenthood or custody of minor children.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20021003 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, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service (B and C).

The Applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The Applicant contends that while in the military she received outstanding evaluations and had no adverse actions. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of Applicant’s records indicated an honorable discharge was warranted. Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there was no adverse information that would have warranted any other characterization of her service. Therefore, relief to the character of service is granted.


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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