DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 940-01
19 July 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
ON
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Navy filed enclosure
(1) with this Board requesting that her record be corrected to
show entitlement to the Montgomery G. I. Bill (MGIB).
The Board, consisting of Mr. Cooper, Mr. Lightle and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 17 July 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
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.
.
Petitioner enlisted in the Navy on 17 March 1998 at age
She then served in an
On 1 August 2000 she was
an: elected to participate in the MGIB.
21
excellent manner for over 28 months.
notified of separation processing by reason of convenience of the
government due to pregnancy.
authority directed an honorable discharge and the assignment of a
Separation Program Designator (SPD) of
that her discharge was involuntary.
on 11 August 2000.
shows that she was assigned an SPD of KDF which indicates here
discharge was voluntary.
At the time of discharge she had
completed 2 years, 4 months and 25 days of active service.
However, the DD Form 214 issued at that time
On 1 August 2000 the discharge
"JDF", which indicates
She was honorably discharged
d.
On 3 October 2000 the discharge authority sent a letter
to the Navy Personnel Command which states, in part, as follows:
.
. (Petitioner) requested to be separated from the U.
She is married to a sailor
To avoid administrative
.
S. Navy due to pregnancy.
onboard USS ARCTIC (AOE 8).
separation of both service members due to parenthood, I
separated her locally.
complying with the Dependent Care Certificate once the
child was born, therefore separation for Pregnancy was
warranted.
(She) did not intend on
The letter concludes by stating the discharge was honorable with
an SPD code of KDF.
e.
Petitioner is not eligible for the MGIB because she did
Further, there is no
not complete 30 months of active duty.
provision in the law which would allow Petitioner's $1,200 MGIB
However, she would be eligible
payment to be refunded to her.
for prorated payments under the MGIB based on her almost 29
months of active service if her separation was involuntary. As
previously noted, the SPD of KDF indicates that her discharge was
voluntary. Therefore, she is being denied all MGIB benefits. An
SPD of JDF would indicate that her separation was involuntary and
she would be entitled to at least 28 months of MGIB benefits.
f.
Petitioner states that she was unaware of the 30 month
service requirement and could have served another 35 days if she
Therefore, she is requesting that
had known of the requirement.
her record be corrected to show an additional 35 days of service.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Concerning her request for an additional 35 days of
active duty, the Board concludes that the facts of this case did
not warrant such relief, which would give her pay and allowances
for that period.
apparently requested discharge,
requested discharge, she eventually would have been processed for
an involuntary separation due to her inability to provide a valid
Given the circumstances, including
dependent care certificate.
her satisfactory record of service, the Board concludes that
Petitioner's SPD should be changed to JDF so that she can obtain
at least 28 months of MGIB benefits.
RECOMMENDATION:
However, the Board notes that although she
it appears that had she not
a.
That Petitioner's naval record be corrected to show that
2
on 11 August 2000 she was assigned a Separation Program
Designator (SPD) of JDF vice the SPD of
KDF now of record.
b.
That her record for additional service be denied.
That this Report of Proceedings be filed in Petitioner's
C .
naval record.
It is certified that a quorum was present at the Board's
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
-1
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
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
-Xx&
%W. DEAN PFEIFFER
Executive Director
3
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