Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801925
Original file (ND0801925.rtf) Auto-classification: Denied

ex-AO3, USN
Current Discharge and Applicant’s Request
Application Received: 20080918
Characterization of Service Received:
Narrative Reason for Discharge: PARENTHOOD OR CUSTODY OF MINOR CHILDREN
Authority for Discharge: MILPERSMAN

Applicant’s Request: Characterization change to:
                  Narrative Reason change to:

Summary of Service

Prior Service:
Inactive: US N R (DEP)      20030911 - 20040601 ELS          Active:  
Inactive: USN R (DEP) 20040730 - 20040825

Period of Service Under Review:
Date of Enlistment: 20040826     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20071221      Highest Rank/Rate: AO3
Length of Service : Y ear s M onth s 26 D a ys
Education Level:        AFQT: 43
Evaluation M arks: Performance: 4.0 (3) Behavior: 3.3 (3) OTA: NFIR

Awards and Decorations ( per DD 214):      NDSM GWOTSM GCA

Periods of UA /C ONF :

NJP : S CM : SPCM: C C :

Retention Warning Counseling :

- 20071107 :       For inability or unwillingness to comply with the Department of the Navy Family Care Plan Policy in accordance with OPNAVINST 1740.4B

Types of Documents Submitted/reviewed

 Related to Military Service:     
DD 214:         Service/ Medical Record:                  Other Records:

Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:           Community Service:                References:              
Additional Statements :
 From Applicant:        From Representat ion :    From Congress m ember :

Oth er Documentation :



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

Applicant’s Issues

 1. Unable to afford school without GI Bill .
2. No ground s for her discharge characterization - no misconduct .
3. Received u nfair treatment because she had a baby.
4. Post service conduct.

Decision

Date: 20 0 9 0122             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall PARENTHOOD OR CUSTODY OF MINOR CHILDREN .
Discussion

 : The Applicant contends she is a single parent and unable to afford school without the GI Bill. either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum , specifically the paragraph concerning , for additional information regarding .

: ( ) . The Applicant contends there was no ground for such a discharge since she had never been in “any kind of trouble,” had been recently promoted and awarded command sailor of the quarter at the time of separation from the Navy . The Appl i cant also contends she was unfairly treated as a result of being a single parent who was unable to obtain adequate child care and since being discharged she has obtained her ‘CNA license”. In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.

For discharges based on parenthood, the characterization should be honorable unless there is justification for an entry level separation, or general (under honorable conditions) characterization . The Board found no documentation of misconduct, poor performance or counseling’s indicating sub-standard conduct , or NJP’s or evaluations to warrant a “G eneral ( U nder H onorable C onditions) ” characterization. Based on the absence of misconduct and in light of the Applicant’s in-service performance , the Board determined the Applicant’s characterization as “G eneral ( U nder H onorable C onditions ) ” was inequitable and voted unanimously to change the discharge characterization to “H onorable ” .

In regard to the Applicant’s allegation of unfair treatment based on her status as a single parent, there is no information contained in the record or presented by the Applicant to substantiate this allegation. However, as indicated in the paragraph above relief is warranted based on the absence of misconduct and the Applicant’s in-service performance during this enlistment.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found

Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 29 March 2006 until Present, Article 1910-124, 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 II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .


ADDENDUM: Information for the Applicant

 Complaint Procedures : 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the 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. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service 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.
Employmen t / Educational Opportunities : 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 of the propriety and equity of the discharge.
Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. 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.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable Discharge is authorized, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. Only the Board for Correction of Naval Records can grant this type of narrative reason change.
Automatic Upgrades - 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: 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 | 2010_Navy | ND1000058

    Original file (ND1000058.rtf) Auto-classification: Denied

    Issue 2: (Decisional) () The NDRB did review this Issue, but since the NDRB granted full relief based on Issue 1, no further response is required.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain PARENTHOOD OR CUSTODY OF MINOR CHILDREN. ” Additional Reviews : After a...

  • NAVY | DRB | 2010_Navy | ND1001897

    Original file (ND1001897.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks discharge upgrade to obtain veteran educational benefits.2. Relief granted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative separation process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall...

  • NAVY | DRB | 2009_Navy | ND0900092

    Original file (ND0900092.rtf) Auto-classification: Denied

    ” After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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 Instruction 1332.28, you may submit a complaint in accordance...

  • NAVY | DRB | 2008_Navy | ND0801313

    Original file (ND0801313.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall MISCONDUCT (PATTERN OF MISCONDUCT).Discussion :The Applicant admits the punishment he received was just, but contends the RE-Code was “ a little harsh ” . After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found Dissenting opinion: The Applicant was administratively discharged based on misconduct due to a pattern of...

  • NAVY | DRB | 2008_Navy | ND0801315

    Original file (ND0801315.rtf) Auto-classification: Denied

    Should the Applicant obtain additional evidence or post service documentation he may wish to apply for a personal appearance. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not...

  • NAVY | DRB | 2009_Navy | ND0900202

    Original file (ND0900202.rtf) Auto-classification: Denied

    The Applicant has requested an upgrade in his discharge characterization to “Honorable”. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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...

  • NAVY | DRB | 2008_Navy | ND0801926

    Original file (ND0801926.rtf) Auto-classification: Denied

    In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.For discharges based on conditions not a disability, the discharge should be honorable unless there exists justification for a “General (Under Honorable Conditions) ” , or entry level separation characterization. ” Additional Reviews : Subsequent to a document review, former members...

  • NAVY | DRB | 2009_Navy | ND0900102

    Original file (ND0900102.rtf) Auto-classification: Denied

    Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall MISCONDUCT (SERIOUS OFFENSE).Discussion :The Applicant is requesting his Re Code changed in order to reenlist in the military. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to a document...

  • NAVY | DRB | 2008_Navy | ND0801932

    Original file (ND0801932.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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 Instruction 1332.28, you may submit a complaint in accordance with...

  • USMC | DRB | 2009_Marine | MD0902539

    Original file (MD0902539.rtf) Auto-classification: Denied

    The command further recommended that he receive a General (Under Honorable Conditions) characterization of service upon discharge. Characterization of service at discharge shall normally be Under Other ThanHonorable conditions, but characterization as General(Under HonorableConditions) may be warranted in some circumstances.The Applicant was found guilty at trial by court-martial and then, after his release from confinement, continued to have misconduct issues of the same nature as the...