Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900050
Original file (ND0900050.rtf) Auto-classification: Denied

ex-SKSN, USN
Current Discharge and Applicant’s Request
Application Received: 20081007
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)      20000901 - 20010812     Active:  

Period of Service Under Review:
 Date of Enlistment: 20010813     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge : 20040317      Highest Rank/Rate: SKSN
Length of Service : Y ear s M onth s 05 D a ys
Education Level:        AFQT: 53
Evaluation M arks: Performance: NFIR Behavior: NFIR OTA: NFIR

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

NJP :
- 20011129 : Art icle 121 (Larceny and wrongful appropriation)
Awarded : Susp ended :

S CM : SPCM: C C :

Retention Warning Counseling:

- 200 3 110 6 : For your failure to maintain an up-to-date Family Care Certificate can result in separation processing.

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. Wants GI Bill .
Decision

Date: 20 0 9 0129             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

 : 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 , regarding this Issue.

The Applicant did not identify any i ssues to the Board . However, the Board did complete a thorough review of the circumstances which led to h er discharge and the discharge process to ensure h er discharge met the pertinent standards of equity and propriety. 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. The Applicant’s record of service was marred by one retention warning and one NJP for violations of the Uniform Code of Military Justice (UCMJ): Article 121 (Larceny and wrongful appropriation). In viewing the Applicants case, the record reflects the Applicant ’s one documented misconduct occurred approximately 90 days into her enlistment with no further documented accounts of misconduct or substandard performance. The Applicant was counseled once concerning mainta i nin g an up-to-date Family Care Certificate and subsequently administratively processed for separation based on parenthood with a “General (Under Honorable Conditions)” discharge.

The Applicant has requested an upgrade to “Honorable” in her discharge characterization. When a service member is voluntarily discharged due to Parenthood or Custody of Minor Children, it is “Honorable” unless there is misconduct to warrant a lower discharge characterization. After a thorough review of the available service records, supporting documents to include the Commanding Officer ’s letter for the recommendation of an “ Honorable ” discharge , the Board determined an upgrade was appropriate. While the Applicant did have one NJP, she also had approximately 27 months of good service after her offense; it was clear she learned from her initial mistake and as such her commanding officer recommended an “Honorable” discharge . T he Board 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 5-0 that the character of the discharge shall change to “H onorable ”, as recommended by her commanding officer . T he Narrative Reason, “Parenthood or Custody of Minor Children” was the appropriate narrative reasoning given to the applicant and will remain the same.

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, re-issued October 2002, effective 22 August 2002 until
19 May 2005, 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 .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ: Article 121 (Larceny and wrongful appropriation).

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 | 2008_Navy | ND0800686

    Original file (ND0800686.rtf) Auto-classification: Denied

    Types of Documents SubmittedRelated to Military Service: DD 214: Service and/or 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 Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW...

  • NAVY | DRB | 2009_Navy | ND0900216

    Original file (ND0900216.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated 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 Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...

  • NAVY | DRB | 2008_Navy | ND0801762

    Original file (ND0801762.rtf) Auto-classification: Denied

    To Board determined the narrative reason was an appropriate reflection of why the Applicant was discharged and a change to this would be inappropriate.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...

  • NAVY | DRB | 2015_Navy | ND1500211

    Original file (ND1500211.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 change to HONORABLE and the narrative reason for separation shall remain PARENTHOOD OR CUSTODY OF MINOR CHILDREN. ” Additional Reviews : After a document...

  • NAVY | DRB | 2009_Navy | ND0900901

    Original file (ND0900901.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: HARDSHIP/HUMANITARIAN Summary of Service Prior Service: Inactive:USNR (DEP)19981215 - 19981229Active: Period of Service Under Review: Date of Enlistment: 19981230Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20020329Highest Rank/Rate:PN3Length of Service: Year(s)Month(s)29 Day(s)Education Level:AFQT: NFIREvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations (per DD...

  • NAVY | DRB | 2002_Navy | ND02-00404

    Original file (ND02-00404.rtf) Auto-classification: Denied

    ND02-00404 Applicant’s Request The application for discharge review, received 020215, requested that the characterization of service on the discharge be changed to honorable and the reenlistment code change from RE-4 to RE-1. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | DRB | 2009_Navy | ND0902429

    Original file (ND0902429.rtf) Auto-classification: Denied

    With no other derogatory documentation, the Board determined that the command was justified in separating the Applicant from service but should have characterized her service as Honorable.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service and record entries, 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...

  • NAVY | DRB | 2010_Navy | ND1000776

    Original file (ND1000776.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2009_Navy | ND0902281

    Original file (ND0902281.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • NAVY | DRB | 2008_Navy | ND0801596

    Original file (ND0801596.rtf) Auto-classification: Denied

    The Board acknowledges the misconduct from the Applicant’s represents a significant departure from the conduct expected of a Sailor and the awarded characterization was appropriate; an upgrade would be inappropriate.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 review, former...