DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 155-01
22 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD ggasiisieninscaiiiiiiaiaiiiiiiliaas
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy, applied to this
Board requesting, in effect, that her narrative reason separation
code be changed.
2. The Board, consisting of Mr. Leeman, Ms. McCormick, and Ms.
Wiley, reviewed Petitioner's allegations of error and injustice
on 12 June 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner's application to the Board was filed ina
timely manner.
c. Petitioner enlisted in the Navy on 5 May 1998. During
Petitioner's enlistment, she served without disciplinary
infraction.
d. Subsequently, Petitioner elected to participate in the
Montgomery GI Bill (MGIB) program. In this program, participants
make periodic contributions into the MGIB fund and, after
separation, are eligible for educational benefits.
e. Petitioner's record contains a Family Care Plan
Certificate (NAVPERS 1740/6) which indicates that she was
nondeployable due to noncompliance for child care.
f. On 7 January 2000, after 20 months of active duty,
Petitioner was honorably released from active duty by reason of
parenthood or custody of minor children, and was assigned a
corresponding separation program designator (SPD) code of "KDG"
which indicates that her separation was voluntary.
g. In accordance with applicable laws and regulations,
Petitioner is not eligible for the MGIB benefits because she did
not complete 30 months of active duty. Further, there is no
provision in the law which would allow a refund of Petitioner's
$1,200 MGIB contribution. However, she would be eligible for
pro-rata benefits under the MGIB based on her 20 months of active
service, if her separation was involuntary. As previously noted,
the SPD code of KDG denotes that her separation was voluntary. A
change of her SPD code to "JDF" would indicate that she was
involuntarily separated due to parenthood, and she would be
eligible for MGIB benefits.
h. Petitioner contends that she was informed that her being a
single parent and separated by reason of the convenience of the
government was considered a hardship, and this would make her
eligible for the MGIB.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board, concludes that Petitioner's request warrants favorable
action.
The Board's finding is based on Petitioner's overall satisfactory
service and its belief that Petitioner may not have been
completely aware of all the requirements of the MGIB.
The Board notes that, by law, Petitioner is not eligible to
receive MGIB benefits, but believes that had she been fully aware
ef the guidelines regarding the MGIB, she may not have
voluntarily separated from the Navy. The Board also believes that
Petitioner may have been improperly advised regarding the
requirements for eligibility for the MGIB. Further, it is clear
to the Board that since she could not comply with the Navy's
dependent care requirements, she would have been involuntarily
separated if she had not elected to separate voluntarily. Based
on the foregoing, the Board concludes that the appropriate relief
is a change in Petitioner's SPD code from KDG to JDF so that she
may obtain pro-rata MGIB benefits based on her 20 months of MGIB
benefits.
In view of the foregoing, the majority finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 7 January 2000 she was assigned a SPD of JDF vice the SPD of
KDG now of record.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter. ZEA
ROBERT D. ZSALMAN ALAN E. GOLD
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
W. DEAN I
Executive Di r
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR:jdh
Docket No. 00155-01
22 June 2001
Dear Ms . eats
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
The final decision in your case is set forth in the Board's
report of proceedings, a copy of which is enclosed. The
approved changes to your naval record will be made by the
Commander, Navy Personnel Command (NPC), Code 312, 5720
Integrity Drive, Millington TN 38055-3120. Please wait at least
180 days from the date of this letter before contacting NPC
about the status of your case.
With regard to that portion of your application that was denied
you are entitled to reconsideration only upon the submission of
new and material evidence or other matter not previously
considered.
Sincerely;
ALAN E. GOLDSMITH
Head, Discharge Section
Enclosure
Copy to:
NPC
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