Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600019
Original file (ND0600019.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND06-00019

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, but by unanimous vote, the narrative reason for discharge shall not 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 application:

“I strongly believe that my discharge should be changed From a General to an honorable. My Separation From the military was not a decision I wanted to make. However, when the decision was made I was pregnant. I Feel it should be looked at as convenience or the Government or as a hardship, due to the fact that I was unable to perform the duties I had signed up for My command was getting ready to go out to sea, and my Spouse was already out to sea. I respectfully request that my discharge be changed in order for me to receive my educational benefits.”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010626 - 20010729      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20010730             Date of Discharge: 20041028

 Length of Service (years, months, days):

         Active: 03 02 29
         Inactive: None

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

 Age at Entry: 19
Years Contracted: 4

 Education Level: 12                                 AFQT: 39/63

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (3)                       Behavior: 3.0 (3)                 OTA: 3. 00
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon








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 :

040522:  Retention Warning: Advised of deficiency (Failure to comply with and maintain an up-to-date Family Care Plan Certificate), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 040709:  Family Care Plan Certificate: Applicant indicated that she unable to comply with the Navy's policy for dependent care

040709:  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 - parenthood.
040709:  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.
UNDATED:         Commanding Officer, Helicopter Anti-Submarine Squadron TWO recommended administrative separation by reason of convenience of the government - parenthood. Commanding Officer’s comments: “Since arriving on HS-2 AN D_ T_(Applicant) has consistently been unable to comply with a Family Care Plan that provides adequate care for her child beyond the normal working day of 0700-1600, Monday through Friday. She is also pregnant with her second child, which is due in September 2004. These facts have made it impossible to schedule AN T_(Applicant) for extended working hours, weekend duty or any at sea time, creating manning issues for the command. Additionally, AN T_(Applicant)’s husband, ABHAN M_ T_, is also on active duty and is currently deployed aboard USS JOHN C. STENNIS (CVN-74). He has also been unable to comply with a Family Care Plan and help to provide adequate care for his child in his absence beyond that which is provided for by his wife, AN T_(Applicant). This family situation is obviously not compatible with both parents serving on active duty in the military simultaneously. I recommend separation for AN D_ T_(Applicant) in order to allow her to care for her dependents and to alleviate the hardship this situation is creating for the family and both commands.

041028:  CNPC directed the Applicant's discharge with type warranted by service record by reason of parenthood or custody of minor children.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041028 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 states, “I strongly believe that my discharge should be changed from a General to an honorable”. 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.

The Applicant contends her narrative reason should be characterized as convenience of the Government or hardship. The NDRB advises the Applicant that she was unable to comply with the requirements of a family care plan to enable the Applicant to be able to deploy throughout the world on short notice and to be able to fully execute military duties. 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. Relief denied.
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 .

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

Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00440

    Original file (ND03-00440.rtf) Auto-classification: Denied

    011121: Commanding Officer recommended discharge with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children. Commanding Officer’s comments (verbatim): [AZ2 C_ (Applicant) reported to HS-5 on 15 February 2001 for her first sea duty assignment. ]020322: CNPC directed the Applicant's discharge by reason of convenience of the Government due to parenthood or custody of minor children with a characterization of type...

  • NAVY | DRB | 2002_Navy | ND02-00158

    Original file (ND02-00158.rtf) Auto-classification: Denied

    Bill I was denied, so I am respectfully requesting to change my discharge code from convenience of Navy/parenting to a hardship discharge code so I will be able to receive my benefits.. I recommend that she be separated from the naval service by reason of parenthood with a Honorable Discharge." PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 991012 with an honorable by reason of convenience of the Government due to parenthood (A).

  • NAVY | DRB | 2005_Navy | ND0500775

    Original file (ND0500775.rtf) Auto-classification: Denied

    ND05-00775 Applicant’s Request The application for discharge review was received on 20050404. I was there for the Navy 24/7, please be there for me this one final time. The summary of service clearly documents that parenthood or custody of minor children was the reason the Applicant was discharged.

  • NAVY | DRB | 2006_Navy | ND0600016

    Original file (ND0600016.rtf) Auto-classification: Denied

    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. 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).

  • NAVY | DRB | 2003_Navy | ND03-00009

    Original file (ND03-00009.rtf) Auto-classification: Denied

    ND03-00009 Applicant’s Request The application for discharge review, received 20020925, requested the reason for the discharge be changed to involuntary. 011218: CNPC directed the Applicant's discharge with type warranted by service record by reason of convenience of the Government due to parenthood or custody of minor children, with a separation code of “KDG”. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that...

  • NAVY | DRB | 2001_Navy | ND01-00570

    Original file (ND01-00570.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 000718 with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children (A). The applicant requested a discharge upgrade in order to obtain GI Bill benefits. Relief denied.Although the applicant had no other issues, after careful review of the applicant’s service record, the Board determined that the applicant was...

  • NAVY | DRB | 2004_Navy | ND04-00475

    Original file (ND04-00475.rtf) Auto-classification: Denied

    ND04-00475 Applicant’s Request The application for discharge review was received on 20040128. 001122: Commanding Officer recommended discharge with an honorable by reason of commission of a serious offense and convenience of the Government due to parenthood or custody of minor children. 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 (C and D).Issue 1: The Applicant...

  • NAVY | DRB | 2006_Navy | ND0600111

    Original file (ND0600111.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. I received my Good Conduct Medal and, other then being unable to sign the Family Care Plan, had no incidents in those four years. I am now resubmitting, but it is not to add additional issues, justification or evidence.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD...

  • NAVY | DRB | 2004_Navy | ND04-01316

    Original file (ND04-01316.rtf) Auto-classification: Denied

    ND04-01316 Applicant’s Request The application for discharge review was received on 20040818. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In the Applicant’s case, the separation authority, COMNAVPERSCOM, directed that the characterization of service should be the “type warranted by service record.” A review of the Applicant’s records indicated an honorable discharge was warranted.

  • NAVY | DRB | 2005_Navy | ND0500491

    Original file (ND0500491.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. “Enlisted under a five year enlistment, with an honorable discharged and reenlisted and received general under honorable. 020730: CNPC directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children.