DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
TRG
398-02
Docket No:
18 September 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD 0
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To :
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy filed an application with this
Board requesting that her record be corrected to show that she
was separated by reason of hardship vice pregnancy or childbirth.
The Board, consisting of Mr. Beckett, Ms. Nofzieger and Mrs.
2.
McCormick, reviewed Petitioner's allegations of error and
injustice on 17 September 2002 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.
Although it appears that Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
Petitioner enlisted in the Navy on 27 October 1994 at
In connection with her enlistment, she elected to
C .
age 19.
participate in the Montgomery G.
paid the $1,200 needed to qualify.
I. Bill (MGIB) and subsequently
d.
The performance evaluation in the record for the period
ending 10 June 1996 shows that she served in an excellent manner.
The separation documentation is not filed in the record, but the
DD Form 214 shows that she was honorably released from active
duty on 10 June 1996 due to pregnancy or childbirth.
time, she was assigned a Separation Program Designator
At that
(SPD) code
of MDF, which indicates that her separation was voluntary.
The
DD Form 214 shows that she had completed 1 year, 7 months and 13
days of active service.
e.
The Board is aware that Petitioner is not eligible for
the MGIB because she did not complete 30 months of active duty,
and there is no provision in the law that would allow a refund of
the $1,200.
the MGIB, based on her 19 months of active service if her
separation was involuntary.
her separation was voluntary.
her separation was involuntary, and would allow 19 months of
benefits.
As indicated, the SPD of MDF means
An SPD of JDF would indicate that
However, she would be eligible for payments under
f.
Petitioner states that she was married to an active duty
member, and there was no one to take care of their child if they
were both deployed.
further states that she was completely unaware that the early
separation would make her ineligible for MGIB benefits.
She is
requesting a hardship discharge because she believes that reason
for discharge will establish her eligibility for the MGIB.
Therefore, she requested discharge.
She
57.
The Board is aware that if Petitioner had not
voluntarily requested separation,
been able to stand watches or be eligible for shift work and
deployments.
certificate and would have been involuntarily separated.
If so, she could not have signed a dependent care
she probably would not have
CONCLUSION:
Concerning her request for a hardship discharge, the
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Board notes that pregnancy or childbirth is not considered to be
a hardship and that she has not been treated any differently than
many others in her situation.
that a change in the reason for her separation is not warranted.
However, the Board notes that although she requested separation,
it appears that she really did not have many options in the
matter.
separation, she eventually would have been processed for an
involuntary separation due to her inability to provide a valid
dependent care certificate.
her excellent record of service, the Board concludes that
Petitioner's SPD code should be changed to JDF so that she can
obtain 19 months of MGIB benefits.
The Board believes that had she not requested
Given the circumstances, including
Therefore, the Board concludes
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that on
2
10 June 1996 she was assigned a Separation Program Designator
(SPD) code of JDF vice the SPD of MDF now of record.
b.
That her request for a hardship discharge 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.
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r
.
Acting Recorder
ROBERT D. ZSALMAN
Recorder
Pursuant to the delegation of authority set out in Section
5.
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.
3
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