ex-SN, USN
ND06-00962

Current Discharge and Applicant’s Request:

Application Received:  				20060713
Narrative Reason for Separation:			 or custody of minor children
Character of Service:				
Discharge Authority:				MILPERSMAN 1910-124
Last Duty Assignment/Command at Discharge:	HC 8 NORFOLK, VA

Applicant’s Request:
	Narrative Reason change to: 		NONE REQUESTED
	Characterization change to:		
	Review Requested:			
Representation:  					

Decision:

Date of Decision:					20070419
The Discharge shall remain:			
						 or custody of minor children 
Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	

Vote (characterization/reason)			/ 
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Discharge Package Complete:			

Summary of Service:

Prior Service:
Inactive: USNR (DEP)				20010614 - 20010619	COG
Active:   					None
Period of Service Under Review:
Date of Enlistment:  				20010620
Years Contracted:  				;  
Date of Discharge:				20031222
Length of Service:				02  Yrs  06  Mos  03  Days
Time Lost During This Period:			  NONE
						 NONE
			
Education Level:  				
Age at this Enlistment:  				
AFQT:  						34
Highest Rate/Rank:				SN

Performance Evaluation Averages (number of marks):
Performance/Behavior/OTA:			3.3 (4)	2.8 (4)	2.88

Awards and Decorations (as listed on the DD Form 214):
ARMED FORCE EXPEDITIONARY MEDAL; NATIONAL DEFENSE MEDAL; NAVY UNIT COMMENDATION; BATTLE "E" RIBBON; SEA SERVICE DEPLOYMENT RIBBON.

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

020309:	NJP for violation(s) of UCMJ:
	Article 128: Assault consummated by battery.
	Award:  Extra duty for 30 days, reduction to E-1.
	No indication of appeal in the record.  [Extracted from Commanding Officer’s letter dated 031117.]

030929:	Applicant certifies “I can not comply” on Department of Navy Family Care Plan Certificate.

031021:	Applicant provides written statement expressing desire to be discharged.

031021:	Commanding Officer certifies that Applicant has not made adequate family care arrangements.

031021:	Retention Warning:  Advised of deficiency (failure to comply with Family Care Plan), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

Record not available.

Elements of Discharge: 

Discharge Process:				NOTIFICATION PROCEDURE
Date Notified:					20031106
Narrative Reason(s):				CONVENIENCE OF THE GOVERNMENT - 

Least Favorable Characterization:			
Record Supports Narrative Reason:			
Date Applicant Responded to Notification:		20031106
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			
Obtain Copies	  			
Submit Statement(s)			
	Date submitted
GCMCA Review				
Board Date:					     
Finding of Administrative Board:			  

						
Recommendation of Commanding Officer (date):	RETENTION (031117)
Discharge directed by (date):			CNPC (031204)
Narrative reason directed:				 OR CUSTODY OF MINOR CHILDREN
Characterization of directed:			 
Date Applicant Discharged:			20031212 

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service:
	Service/Medical Record:				3
	Other Period of Service:				12
       Related to Post-Service Period:
	Community Service:				0
	Education:					4
	Employment:					1
	Health/Medical:					0
	Character Statements:				9
	Criminal Records Checks:				0
	Additional Statements from Applicant:		0
        Other Documentation	 (Describe Below)		4

        Total Number of Pages:				33

       Description of Other Documentation:
       DD Form 149, two birth certificates, marriage license

Discussion

Propriety and Equity
There is a presumption of regularity in the conduct of Government affairs.  This presumption will be applied in any review unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Applicant’s Issues (as summarized by the NDRB):
1.  Discharge unjust because it was based on circumstances beyond Applicant’s control.
2.  Characterization of service not warranted by overall service record.
3.  Post-service conduct mitigates characterization of service.
4.  Characterization of service unjust because of resulting loss of benefits and employment opportunity.

Acceptance of Applicant’s Issues:
The Board accepted Issue(s) 1-3 for consideration.  

Issue 1 (Propriety).  The Board found the Applicant’s discharge to be proper.  The discharge process was handled in accordance with Navy policy and regulation.  Further, the evidence of record demonstrates that the Applicant desired to be discharged.  Relief is not warranted on this issue.  

Issue 2 (Equity).  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 a retention warning, and a nonjudicial punishment proceedings for violation s of Articles 128 (assault) of the UCMJ.  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 short of that required for an upgrade of her characterization of service.  Relief is not warranted on this issue.
  
Issue 3 (Equity).  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 the service.  The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not sufficient to mitigate the Applicant’s characterization of service.  Relief is not warranted on this issue.

Regarding the Applicant’s Issue 4, the Board determined that  which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum for further information regarding this Issue.  

Pertinent Regulation/Law
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 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 128, Assault.

 

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.  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 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