DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW
DECISIONAL DOCUMENT


FOR OFFICIAL USE ONLY


ex-IT3, USN
Docket No. ND06-00268

Applicant ’s Request

The application for discharge review was received on 20051121 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061005 . 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.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant ’s issues, as stated on the application:

“ I would like an upgrade to my discharge because I would like to return back to the US Navy. However I am unable to do so with a RE-4 code on my DD-214. I have changed also I had a very good Naval career ahead of me before going to the “Spruance [sic] I did not want to get out and I don’t think I was treated fairly. I went U.A. for 8 hours. After that I went to XOI was tad/transferring to Sima [sic] Mayport. While at Sima [sic] I was standing my watches and working at my usual standards. The USS Spruance [ sic] was also expecting me to stand duty. I than came back to the Spruance for C.O. mass where they discharged me in 1 day. I never ask to get out so I am asking to be put back in. ”

Applicant’s issues, as stated on attached l etter :

“To whom it may concern:

I am requesting a change in my discharge status from A RE- 4 code to RE-3. I was discharged from the US Navy on August 27, 2003 from UNIC USS Spruance [sic]. At this time I was having a great deal of struggle in my life with separating from my son’s father and having a new an infant to deal with all by my self. I did put in a hardship package to get out due to the fact that my chain of command was riot willing to work with me in helping make a transition from a dual parent household to a single one. However the XO denied my package saying that there were plenty of baby sitters in the area to find one and get ready for northern lights. (Also before this time I was an upstanding sailor and was just not given a fair chance.)Needless to say I did start looking for a baby sitter and I was not successful. I went in to have a physical before we were to leave for northern lights and discovered I was pregnant again. I was suppose to be transferred from the USS Spruance [sic] because of being pregnant, but the again the Spruance [sic] did not want to transfer me and my chief took it as I was just trying to get out of going on our Northern Lights tour. Which was not the case at all, I decided in bad judgment not to come into work after my recall in on my day off which caused me to be marked UA. After this bad judgment call I sparked a change of events. I was than sent T.A.D because I was looked as a problem child when in fact I wasn’t I was just trying to get my life and family in order. I was sent to XOI where I was told I would be going to Captain Mast for being UA. If you take the time to look at my naval career I was not a problem sailor however when I transferred to the Spruance [sic] in December in 2002 it seemed as though my chief had it out for me. Upon going to Captain Mast I was told that I was no longer worthy of being an US Navy sailor and I would be discharged effective immediately. I was not asked if I wanted to get out nor was I aware that I was getting out before this time. I knew that my package for Hardship had been denied and I was now getting out on a other than honorable discharge for being young distraught and confused.
I have changed and grown up since being discharged I have went back to school to get my degree and I have held a job since than also. Please consider me for a change in my discharge characterization.
I am asking the board to please change my code to the correct code of hardship so that I may be considered for reenlistment and return to the proud sailor I once was. I would love to able to serve my country again in the reserve how ever I am not aloud to rejoin with my current RE-4 code thank you for your time and consideration.

Sincerely,
[signed]
L_ J_(Applicant)”

Documentation

Only the service and medical record s w ere reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR (DEP)     1998 03 24 - 19980526       COG
         Active: USN      19980527 - 20020110       HON

Period of Service Under Review :

Date of Enlistment: 20020111              Date of Discharge: 20030828

Length of Service (years, months, days):

         Active: 01 07 18 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 2 day s
         Confinement:              None

Age at Entry: 23

Years Contracted: 6

Education Level: 12                                 AFQT: 41

Highest Rate: RM 3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3.3 (4 )                        Behavior: 3.0 ( 4 )                  OTA: 2 . 96

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy and Marine Corps Achievement Medal, Good Conduct First Award for period ending 01May27, Nati onal Defense Service Medal

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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 :

02011 1 :  Reenlisted this date for a term of 6 years.

030612:  Family Care Plan Certificate: Applicant indicated that she is unable to comply with the Navy's Family Care Policy .

030612 :  Retention Warning: Advised of deficiency ( Non-compliance with Family Care P lan Certificate. Applicant ’s failure to maintain an up-to-date Family Care Plan Certificate can result in separation processing. ), notified of corrective actions and of available assistance, advised of consequences of further deficiencies, and issued discharge warning.

030715 :  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.

030715 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

030805:  Applicant to unauthorized absence on 030805. [Dates extracted from DD Form 214, Block 29.]

030807:  Applicant from unauthorized absence on 030807 (2 days). [Dates extracted from DD Form 214, Block 29.]

030808 :  Commanding Officer, USS SPRUANCE (DD 963) , recommended discharge with a general (under honorable conditions) by reason of convenience of the government - parenthood . Commanding Officer’s comments: “ IT3 J_( Applicant ) reported onboard and completed a Family Care Certificate to my satisfaction. Recently IT3 J_( Applicant ) indicated that her Family Care Certificate was no longer valid and she did not have adequate child care. She was counseled and directed to seek assistance through the Fleet and Family Service Center and given another certificate to complete. IT3 J_( Applicant ) submitted her Family Care Certificate indicating she could not comply. At this time IT3 J_( Applicant ) is unable to deploy and is not worldwide assignable due to parenthood. In addition, IT3 J_( Applicant ) is pregnant and has received PCS orders to SIMA, Mayport, Fl to report in August 2003. Due to IT3 J_( Applicant )’s inability to obtain adequate child-care it has become a burden to this command and the Navy. I foresee no potential to make a meaningful contribution to this command, SIMA Mayport, Fl or the Navy and highly recommend immediate discharge. ”

030821:  NJP for violation of UCMJ, Article 123a: Drafting a worthless check.
Violation of UCMJ, Article 86: Unauthorized absence.
         Award: Reduction to E-3 (susp. 6 mo). No indication of appeal in the record. [Extracted from Evaluation Report and Counseling Record dated 030828.]

030822 :  CNPC directed the Applicant 's discharge with type warranted by service record by reason of parenthood or custody of minor children.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030828 by reason of convenience of the government due to parenthood or custody of minor children (A) with a service characterization of g eneral (under honorable conditions). 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 (B and C).

The Applicant states “If you take the time to look at my naval career I was not a problem sailor however when I transferred to the Spruance in December in 2002 it seemed as though my chief had it out for me.” 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 one retention warning, one nonjudicial punishment proceeding for violations of UCMJ Articles 86 (unauthorized absence) and 123a (checks, etc., insufficient funds, intent to deceive). 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 states “I would like an upgrade to my discharge because I would like to return back to the US Navy. However I am unable to do so with a RE-4 code on my DD-214 . ” Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The Applicant states “I have changed and grown up since being discharged I have went back to school to get my degree and I have held a job since than also.” The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. Relief denied.

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