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NAVY | DRB | 2006_Navy | ND0600111
Original file (ND0600111.rtf) Auto-classification: Denied


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

ex-IT3, USN
Docket No. ND06-00111

Applicant’s Request
The application for discharge review was received on 20051 026 . 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 20060802 . 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 that the character of the discharge shall change, and that the narrative reason for discharge shall not change. The discharge shall change to: H ONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority MILPERSMAN 1910-124, S eparation C ode “KDG”.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1- I wish to use my GI Bill, to do so I need an Honorable Discharge.
2- I served almost 4 years of my 5 year serve obligation. Of which, during the first year opted to have $100 a month taken from my pay towards my GI Bill.
3- During the time I separated both my spouse an d myself we’re overseas and deployable. We were unable to find care for our child during the times we would both be deployed.
4- My husband, J_ C_, is still in the US Air Force and is planning on retiring after 20 to 25 years. I opted to be the one to separate in order to support my husband and in turn continue to support the military.

 Applicant’s Remarks: (Taken from the DD Form 293):

“Thank you for taking the time to review my records and hopefully helping to achieve my bachelor’s degree.”

Applicant’s issues taken from DD Form 293 dtd November 16, 2005

“R/R to have discharge upgraded from General/Under Honorable Conditions – Separation due to Parent hood to Honorable. I served just shy of four years of my five year commitment. I received my Good Conduct Medal and, other then being unable to sign the Family Care Plan, had no incidents in those four years. My son was almost 1 year old when I separated and my husband and I were both Active Duty, my husband is still in the Air Force working in Air force Office of Special Investigation. After our original Family Care Plan fell through we were unable to find anyone else that was financially and physically able to care for our child in the event we were both deployed. We knew that my husband would retire from the Air Force and I was unsure if I would reenlist, so I opted to separate. I still support the military but in a different aspect; I support my husband and have worked as a GS-5 at Scott AFB. I am applying to get my GI Bill so I can go back to school and get my BA in business. After, I hope to continue to work in the civilian sector and continue to support the military. At this time, I am providing Home Day Care on Andersen AFB and would like to start attending classes provided on base through the University of Maryland. Looking at my Naval Record there are no blemishes or unfavorable incidents. Please upgrade my discharge to Honorable so I claim my GI Bill benefits and continue to support the military in the best way I can. Thank you for your time and your consideration on this matter.”






Applicant’s Remarks: (Taken from the DD Form 293) dtd November 16, 2005:
“I first submitted an application in June of 2004 but it was returned because I needed to have my DD214 member –4 not member –1, which was the one I originally submitted. I resubmitted in July of 2005 but that application and all the supporting documents were lost in the mail. 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 Form 214 (Member 4)
 Character Reference ltr from J_ W_, Chief, Customer Support Element, dtd May 2 8 , 2004
 Character Reference ltr from J_ R. C_, Special Agent USAF Officer of Special Investigations, undated
Applicant’s Performance Award, dtd June 1, 2004
Ltr from J_ C_, dtd July 5, 2005



PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19981027 – 19990201               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19990202             Date of Discharge: 20020930

 Length of Service (years, months, days):

         Active: 03 07 29
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4 (1 2 months extension)
Education Level: 12                                 AFQT: 61

 Highest Rate: IT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Good Conduct Medal First Award, National Defense Service Medal.
* Not Available



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 :

0207xx:  NAVPERS 1070/613 counseling/warning.
         [Extracted from Commanding Officer’s Ltr dtd 02AUG19.]

020806:  Retention Warning: Advised of deficiency (Failure to maintain an up-to-date family care plan.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 020806:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's policy for dependent care.

020812:  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.
020815:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
020819:  Commanding Officer, USS FRANK CABLE, (AS 40), recommended to Commander, Nav al Personnel Command that the Applicant’s be separated and that the characterization of discharge be type warranted by service record by reason of convenience of the government – parenthood. Commanding Officer’s comments: “Enclosure (1) documents an approved dependency status of IT3 C_(Applicant)’s minor son, born 7 November 2001. Enclosure (2) documents IT3 C_ (Applicant)’s failure to comply with the Navy’s family care plane. IT3 C_ (Applicant)’s has been TAD from the FRANK CABLE since 1 July 2002 in order to giver her the opportunity to make adequate dependent care arrangements. Additionally, enclosure (3) documents that IT3 C_ (Applicant) was formally counseled to comply with the Navy’s family care plan. Her in ability or unwillingness to comply has made her unable to deploy with the ship, unable to carry out her assigned duties, and has rendered her unavailable for worldwide assignment. Accordingly, I recommend that IT3 C_ (Applicant) be separated and the characterization of discharge be type warranted by service record.”


020905:  COMNAVPERSCOM , directed the Applicant's discharge with type warranted by service record. If G eneral (under honorable conditions) is awarded, notify the member of the specific factors in the service record that warrant such characterization (i.e. NJP, final trait average, conduct in civilian community etc.) Document notification on page 13 service record entry. COMNAVPERSCOM , directed that the Applicant's narrative reason be by reason of Parenthood or Custody of Minor Children.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20020930 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, 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 Board ’ s vote was unanimous that the character of the discharge shall change, but that 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.

The Applicant requests and upgrade to her characterization of service to honorable. The Board found that there is credible evidence (20020806 retention warning), that the Applicant 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. However, 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 the Applicant’s records indicated an honorable discharge was warranted. The recommendation from the CO USS FRANK CABLE, to Commander, Naval Personnel Command, dated 20020819, stated no involvement with civil authorities and no military or civil offenses. Specifically with no adverse information, the Applicant’s performance and behavior marks would have met the standard required for an honorable discharge. Therefore, relief to the characterization of service is granted.

The Applicant requests an upgrade so she may use her Montgomery G.I. Bill benefits.
The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 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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