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NAVY | DRB | 2009_Navy | ND0901482
Original file (ND0901482.rtf) Auto-classification: Denied

ex-MSSN, USN
Current Discharge and Applicant’s Request
Application Received: 20090505
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)        19940620 - 19950618     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19950619     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 2000 0118      Highest Rank/Rate: MSSN
Length of Service : Y ear ( s ) M onth ( s ) 00 D a y ( s )
Education Level:        AFQT: 34
Evaluation M arks:         Performance: 3.3 ( 3 )      Behavior: 2.3 ( 3 )        OTA: 3.10

Awards and Decorations ( per DD 214):     

Periods o f UA /C ONF :

NJP :
- 19951218 :      Article (UA)
         Article 92 (Insubordinate conduct towards a Petty Officer) [Extracted from Commanding Officer’s letter dated 19991118]
         Awarded: NFIR Suspended: NFIR

- 19971030 :      Article 78 ( Hinder the apprehension of GMSFN by harboring as a UA in barracks room)
         Article (Failure to obey), 2 specifications
         Specification 1: Wrongfully allowing a visitor through side door of barracks
          Specification 2: Failing to report an offense
          Awarded : Susp ended:

S CM :    SPCM:    C C :


Retention Warning Counseling :

- 19951218:      For unauthorized absence and two specifications of insubordinate conduct toward a First Class Petty Officer and Chief Petty Officer.

- 19971103:      For your nonjudicial punishment of 19971030.

 - 19980507 :       For exceeding height/weigh and body fat limits and failure of the PRT due to failure to participate.

- 1999100 6:      For failing to comply with the Navy’s Family Care Policy Program. Your failure to provide adequate care for your dependents has detrimentally affected performance of your military duties and responsibilities.
Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

          “ HONORABLE ”
         “ MILPERSMAN 1910-124 ”
         “ JDG ”

The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate.
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 /To Representat ion :            From /To Congress m ember :         

Oth er Documentation :   

Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 21, effective 1 September 1998 to 26 August 2001, 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 .



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

Applicant’s Issues

1.       Wants to use her Montgomery GI Bill money to attend college.
2.       Served 4 y ea rs and 6 months and had no one to care for her child .

Decision

Date: 201002 18             Location: Washington D.C.        R epresentation :

By a vote of the Characterization shall read .
By a vote of the Narrative Reason shall PARENTHOOD.
Discussion

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service included NAVPERS 1070/613 (Page 13) warnings, non-judicial punishments ( ) for violations o f the Uniform Code of Military Justice (UCMJ) : Article 7 8 (Hinder the apprehension of another servicemember ), Article 86 (Unauthorized absence), Article 92 (Failure to obey an order or regulation –3 specifications). The record reflects the Applicant was a single parent who had no immediate family available to care for her son . T herefore , she was unable to compl ete the family care certificate. Based on her inability to comply with the family care plan certification she requested to be separated due to parenthood and was processed for administrative separation. When notified for Administrative Separation Processing, the Applicant waived rights to consult with qualified coun sel, submit a written statement and to request a General Court-Martial Convening Authority (GCMA) review.
: (Nondecisional) The Applicant is seeking an upgrade to Honorable in order to obtain the Montgomery GI Bill so that she can continue her education. The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.
Issue 2: (Decisional) ( ) . The Applicant contends that her discharge should be upgraded because she served 4 years and 6 months and was discharged 6 months prior to the end of her obligated service. The Navy regulations permit the administrative separation of an individual if prior to the expiration of one’s enlistment they are unable to comply with the family certification requirements. The evidence of record indicates that the Applicant’s request for discharge was approved by her commanding officer and she was separated with a General (Under Honorable Conditions) characterization of service. T he evidence of record also indicates on 10 January 2005 the C ommander Navy Personnel Command (C OMNAVPERCOM ) Millington TN sent out a message directing the Applicant to be discharged with an Honorable characterization for parenthood based on her inability to comply with NFC policy. However, the Applicant’s DD Form 214 indicates that the characterization of discharge is General (Under Honorable Conditions). Based on the Applicant’s length of service and her overall trait average and other factors that were unique to this case , the Board concurs with COMNAVPERCOM that her characterization of service should be upgraded to “ Honorable . ”

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.



ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe 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 : 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. 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. There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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.
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 BCNR can make changes to reenlistment codes. Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended 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 BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

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 NDRB 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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