DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 TRG
Docket No: 746-01
2 March 2001
From:
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
" OF NAVAL RECORD 0
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subjectls naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Naval Reserve
filed enclosure (1) with this Board requesting that his
separation program designator (SPD) code be changed to establish
eligibility for the Montgomery G. I. Bill (MGIB) .
2. The Board, consisting of Mr. Beckett, Mr. McPartlin and Ms.
Newman reviewed Petitioner's allegations of error and injustice
on 21 February 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy on 12 February 1998 at
age 34. Subsequently, he elected to participate in the MGIB. On
14 January 1999 the commanding officer directed discharge for the
convenience of the government due to parenthood. The commanding
officer stated, in part, as follows:
. . . "single service member (s) (or) members of dual
military couples, that have custodial responsibilities
for family members or other dependents and are unable
to perform their dutiesw are eligible to be separated;
while (Pebitimer) is not a single parent or part of a
dual military couple (the) diagnosis of (Petitioner l s)
wife as suffering from "Axis I schizophrenia and Axis
I1 mental retardation and dependent personality
disorder'' and (the doctor 's) statement that
(Petitioner) is undeployable ... I believe that he is,
in essence, a "single service memberw because his wife
is unable (to) safely care for their child. Finally,
(Petitioner) continues to be unable to perform his
duties and has been repetitively absent from this
command ... With these facts in mind, I believe the
best course of action in both the interest of the
member and the Navy is the Honorable Discharge of
(Petitioner) as soon as possible.
d. Petitioner was honorably discharged on 16 January
1999 due to "parenthood or custody of minor children" He
was assigned an SPD code of KDG, which indicated that his
separation was voluntary. At the time of discharge, he had
completed 11 months and 3 days of active service.
e. The Board is aware that Petitioner is not eligible for
the MGIB because he did not complete 30 months of active duty and
there is no provision in the law which would allow Petitioner's
MGIB payments to be refunded to him. However, he would be
eligible for payments under the MGIB, based on his 11 months of
active service, if his separation was involuntary. As previously
noted, the SPD of KDG indicates that his separation was
voluntary. Therefore, he is being denied all MGIB benefits. An
SPD of JDG would indicate that his separation was involuntary and
he would be would be entitled to 11 months of MGIB benefits.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that although the SPD currently assigned
indicates his discharge was voluntary, the comments in the
cornlanding officer's letter clearly show that he was undepl~oyable
and discharge processing was required. Given the circumstances
the Board concludes that Petitioner's SPD should be changed to
JDG so that he can obtain 11 months of MGIB benefits.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 14 January 1999 he was assigned a Separation Program
Designator (SPD) of JDG vice the SPD of KDG now of record.
b. That 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.
ROBERT D. ZSALMAN
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
Na-1 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.
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