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

 ex-YNSN, USNR
Docket No. ND02-00158

Applicant’s Request

The application for discharge review, received 011210, requested the reason for the discharge be changed to hardship discharge.  The applicant requested 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 020731.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the reason for discharge shall not change to "hardship"; however, the reason for discharge will be corrected:  HONORABLE/ PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  While I was being separated I asked legal, PSD, and my supervisor, a civilian (B_M_) if I would receive my benefits.  I was told that because I was receiving an honorable discharge, they would use a hardship discharge code that would allow me to receive my benefits, and I was assured by them all that I would have no problems doing so.  Upon trying to receive the G.I. Bill I was denied, so I am respectfully requesting to change my discharge code from convenience of Navy/parenting to a hardship discharge code so I will be able to receive my benefits..

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

BCNR ltr to applicant dtd Oct 10, 2001 w/applicant's DD Form 149
Copy of DD Form 214 (2 copies)
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  970711		Date of Discharge:  991012

Length of Service (years, months, days):

	Active:    02  00  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  8

Education Level:  12			AFQT:  42

Highest Rate:  YNSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*	Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  Navy "E" Ribbon, SSR

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority:  NAVMILPERSMAN, Article  1910-124 (formerly 3620215).

Chronological Listing of Significant Service Events:

970916	Commenced 36 months of active duty under the Air Apprentice Program.

990602:	Retention Warning:  Advised of deficiency (failure to initiate and develop a workable family care plan as required by OPNAVINST 1740.4A), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

990606:	Applicant's letter to the CO, NAS Whidbey Island advising that she is unable to provide dependent care and requested discharge.

990726:	Family Care Plan Certificate:  Applicant indicated that she is unable to comply with the Navy's policy for dependent care. 

990804:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible, general (under honorable conditions by reason of parenthood.

990804:	Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990812:	Commanding Officer recommended discharge with an honorable by reason of parenthood.  Commanding Officer’s comments (verbatim):
	"After due consideration and having reviewed AN G_ (Applicant)'s request to be separated by reason of parenthood, I concur that she cannot provide adequate child care for her infant.  I recommend that she be separated from the naval service by reason of parenthood with a Honorable Discharge."

990929:	CNMPC directed the applicant's honorable discharge by reason of parenthood (unable to comply with NFC policy).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991012 with an honorable by reason of convenience of the Government due to parenthood (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

Issue 1:  The applicant requested her reason for discharge code be changed to afford her the opportunity to receive Montgomery G.I. Bill benefits.  The applicant requested she be discharged from the Navy because she was unable to find childcare for her newborn baby while on deployment.  She was subsequently involuntarily discharged due to her inability to comply with the Navy’s Family Care Plan.  It was the unanimous decision of the Board that the reason code, parenthood or custody of minor children, best describes the circumstances surrounding the applicant’s administrative discharge.  Furthermore, the Department of Veterans Affairs determines eligibility for post service benefits not the Naval Discharge Review Board.  There is no requirement or law that grants re-characterization or reason code changes based solely upon the issue of obtaining Veteran’s benefits.  This issue does not serve to provide a foundation upon which the board can grant relief.  Therefore, relief is denied.

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 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 "afls10.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023