DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1045-02
10 July 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(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, an
1.
enlisted member of the Naval Reserve filed an application with
this Board requesting that the reason for her discharge from the
Navy be changed to hardship so that she will be eligible to
receive Montgomery G.I. Bill (MGIB) benefits.
The Board, consisting of Ms.
2.
Nofziger, reviewed Petitioner's allegations of error and
injustice on 9 July 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.
LeBlanc, Ms. Davies and Ms.
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
C .
Petitioner enlisted in the Navy for four years on 9
Subsequently, she elected to
The administrative separation
September 1991 at age 18.
participate in the MGIB.
documentation is not in the record, but the DD Form 214 shows
that she was honorably released from active duty on 31 January
1994 due to pregnancy or childbirth.
separation program designator (SPD) code of
indicates that her separation was voluntary.
had completed two years,
service.
four months and 22 days of active
She began to
Her child was born on 5 June 1994.
She was assigned a
\\KDF", which
At that time, she
participate in the Naval Reserve on 26 June 1995 and was advanced
to petty officer third class in 2001.
d.
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
Petitioner's $1,200 MGIB payment to be refunded to her.
she would be eligible for payments under the MGIB if she had
completed 30 months of active duty and was discharged for the
convenience of the government or due to a hardship.
she would be eligible for payments based on her 28 months of
active duty if her separation was involuntary.
noted, the SPD of
Therefore, she is being denied all MGIB benefits. An
voluntary.
SPD of JDF would indicate that her separation was involuntary and
she would be entitled to 28 months of MGIB benefits.
KDF indicates that her separation was
As previously
Further,
However,
e.
Petitioner states that she was counseled that her
discharge would be considered a hardship and she would retain all
of her benefits, and she was completely unaware that her early
discharge would make her ineligible for MGIB benefits.
is aware that if her child had been born while she was on active
duty, she probably would not have been able to stand watches or
be eligible for shift work or deployments.
and she could not sign a dependent care certificate, she would
have been involuntarily discharged.
If this was the case,
The Board
CONCLUSION:
In reaching its decision, the Board notes that pregnancy
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
is not considered a hardship and she was properly separated by
reason of pregnancy or childbirth.
discharge, it appears that had she been properly advised and
remained on active duty until the birth of her child, on 5 June
1994, she would be eligible for MGIB benefits because she would
have completed over 30 months of active duty and, if she had been
unable to provided a valid dependent care certificate, she would
have been involuntarily separated.
including her satisfactory record of service on active duty and
the Naval Reserve, the Board concludes that Petitioner's SPD
should be changed to JDF so that she can obtain 28 months of MGIB
benefits.
Given the circumstances,
Although she requested
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the change in her
record.
2
=COMMENDATION:
That Petitioner's naval record be corrected to show that on
a.
31 January 1994 she was assigned a Separation Program Designator
(SPD) of JDF vice the SPD of KDF now of record.
That this Report of Proceedings be filed in Petitioner's
b.
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.
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH\
Acting 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.
-W. DEAN PFEIFFER
Executive Director
3
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