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NAVY | DRB | 2006_Navy | ND0600196
Original file (ND0600196.rtf) Auto-classification: Denied


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

ex-QM3, USN
Docket No. ND06-00196

Applicant’s Request
The application for discharge review was received on 20051108. 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 20061006 . 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 unanimous that the character of service shall change to HONORABLE but that the reason for discharge shall remain 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 and attached letter:

“To whom it may Concern:

 I am writing this letter as a Character Reference on my behalf.

 I have been a person of a caring, loyal, devoted nature for all my life. I take great pride in doing for others. From the time I was five years old I can remember always being concerned for others well being. While in Kindergarten I assisted other students that were disabled or not as advanced as the other students. While in fourth grade I would frequently request to help assist in the kindergarten and first grade classes. Helping others has always given me a great feeling of joy.

Every year for Thanksgiving and Christmas I assist those families who are not as fortunate as many others in our community. As a child, I grew up facing the harsh realities of life at an early age. Many times we lived in shelters for extended periods. I attended at least 15 schools in the New Orleans and Jefferson Parish schools system in Louisiana due to moving from place to place. I was not able to enjoy my childhood as many children do. I cannot count the number of holidays that have been made possible by someone that didn’t know me. Every year there was always someone who considered me to be worth shopping for, considered me worth taking time out of his or her day to do a good deed. In turn, every year during the holidays I have to bring that same peace to someone else’s family.

Currently I am a mother and a wife. I have two children of my own and two children by marriage. I work full time as an Administrative Assistant for a consulting firm in Lincolnshire, IL.

D_ W_ (Applicant)”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Service 8 and Member 4)
Honorable Discharge From the United States Naval Reserve, dtd Dec 7, 2004
Character Reference ltr from S_ C. J_, dtd January 15, 2004
 Character Reference ltr from E_ T_, Case Manager, H _ Associates, dtd January 14, 2004
 Character Reference ltr from D_ W_, dtd January 14, 2004
Character Reference ltr from S_ M. R_, dtd January 10, 2004
 Character Reference ltr from D_ S_, Quality Assurance Analyst, L _ Computer Services, undated
 Montgomery GI Bill Act of 1984, dtd June 18, 1996
Enlistment Guarantees, dtd July 7, 1995
 Enlistment Contract, dtd July 07, 1995 (5 pages)
 Evaluation Report & Counseling Record, dtd August 22, 1996 to January 15, 1997 (2 pages)
Evaluation Report & Counseling Record, dtd January 16, 1997 to February 28, 1997 (2 pages)
Evaluation Report & Counseling Record, dtd March 01, 1997 to July 15, 1997 (2 pages)
Evaluation Report Extension, dtd November 10, 1997
 Evaluation Report & Counseling Record, dtd August 5, 1997 to December 15, 1997 (2 pages)
 Evaluation Report & Counseling Record, dtd December 16, 1997 to June 15, 1998 (2 pages)
 Evaluation Report & Counseling Record, dtd June 16, 1998 to June 15, 1999 (2 pages)
 Navy and Marine Corps Achievement Medal, dtd May 14, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19950707 - 19960616      COG
         Active: None
        
Period of Service Under Review :
Date of Enlistment: 19960617             Date of Discharge: 19991215

 Length of Service (years, months, days):

         Active: 03 05 29
         Inactive: None

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

 Age at Entry: 18

Years Contracted: 4 (20-month extension)

 Education Level: 12                                 AFQT: 50

 Highest Rate: QM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3. 5 ( 6 )              Behavior: 3.0 ( 6 )                          OTA: 3 . 32

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Good Conduct Award (1), Navy and Marine Corps Achievement 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 :

980407:  Applicant extend ed enlistment for 20 months.
98xxxx*:         Applicant fail ed Spring Physical Readiness Test.
          [Extracted from Evaluation Report and Counseling Remarks for period 971216 to 980615.]

 990514:  Applicant awarded Navy and Marine Corps Achievement Medal for professional achievement in the superior performance of duties for period October 1996 to June 1999.

 990607:  Applicant awarded Good Conduct Medal.

 991 215 :  Applicant receive d Evaluation Report and Counseling Remarks at discharge for period 990616 – 991215 . Occasion: Detachment of Individual. Quality of Work mark of 3.0; Military Bearing/Character mark of 3.0; and Individual Trait Average of 3.00. Promotion Recommendation: Promotable. Retention: Not recommended.
Applicant indicate d intent to submit a statement. No statement found in record.

991215 :  Applicant recommended for (Preferred ) ree nlistment.
991215:  DD Form 214: Applicant discharged this date .
Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19991215 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 (B) but did discern an inequity in the characterization of the Applicant ’ s service (C). The Board presumed regularity in the conduct of governmental affairs (D).

When discharged by reason of convenience of the government due to parenthood or custody of minor children, a naval member on active duty for more than 180 days’ characterization of separation should be Honorable unless General (Under Honorable Conditions) is warranted ( E ). In the Applicant’s case, the only negative aspect of her performance in the record was her Spring 1998 Physical Readiness Test failure. The Board was unanimous in its belief that, however significant this one negative aspect might be, it did not outweigh the positive aspects of the member’s excellent overall service record . Relief granted.

The Applicant submitted an issue pertaining to post-service conduct. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation, which provides that an unfavorable discharge, may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant provided a number of character reference letters from family and friends and evidence of subsequent honorable service in the U.S. Naval Reserve documentation of post-service accomplishments. The Board normally expects evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, evidence of drug free existence, and certification of non-involvement with civil authorities. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the evidence of post-service conduct was not sufficient for the Board to consider. Relief was not granted on the basis of post-service conduct.

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. 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, Change 21, effective 01 Sep 1998 to 26 Aug 2001, 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 .

E . The Naval Military Personnel Manual, (NAVPERS 15560C, Change 21, effective 01 Sep 1998 to 26 Aug 2001, 1910-30 4 , Description of Characterization of Service .


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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