DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC
20370-5100
S
TRG
Docket No: 2992-W
19 November 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
filed an application with
1.
former enlisted member in the Navy,
this Board requesting that his record be corrected to show
and involuntary separation program designator (SPD) code vice the
voluntary SPD code now of record.
The Board, consisting of Mr. Milner, Mr. Dunne and Ms. Hare,
2.
reviewed Petitioner's allegations of error and injustice on 13
November 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
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.
Petitioner's application was filed in a timely manner.
Petitioner reenlisted in the Navy for six years on 1
At that time, he was authorized a selected
Augus:*1997.
reenlistment bonus (SRB) of
initial installment of
installments of
He then served in an excellent manner for over four years.
$14,997.82, with additional annual
$2,999.56, to be paid over the six year period.
This was paid in an
$29,995.66.
d.
At some point, apparently in 2001, Petitioner's wife
abandoned her family and left him to care for two minor children.
On 8 August 2001 he submitted a dependent care certificate
indicating that he had no one to care for his children and was
unavailable for watches and deployments.
divorce became final and he was granted legal custody of his
minor children.
On 16 November 2001 the commanding officer
On 24 September 2001 his
recommended discharge stating that assignment to another shore
The discharge
duty billet would not alleviate the problem.
authority's action on this recommendation is not on file.
However, he was honorably discharged on 28 December 2001 by
reason of parenthood or custody of minor children.
he was assigned an SPD code of
discharge was voluntary.
"KDG" which indicates his
At that time,
e.
In his application, Petitioner requests that the SPD of
KDG be changed to an involuntary code.
events that resulted in his discharge were beyond his control and
he has submitted documentation showing that other members of his
He believes that
family could not take care of the children.
some unspecified benefit would accrue if the SPD code is
involuntary.
He contends that the
f.
An involuntary SPD of GDG or JDG is assigned when an
individual is discharged by reason of parenthood or custody of
minor children based on the approved recommendation of an
administrative discharge board (ADB), or if an ADB is not
required or waived.
The record does not reflect whether
Petitioner was so processed for separation, or whether his
discharge resulted from his own request.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes that Petitioner was granted custody of
action.
his children, could not sign a valid childcare certificate, and
the command recommended discharge.
Even if Petitioner did not
request discharge and the separation could be deemed voluntary,
the Board is aware that because he could not sign the dependent
care certificate, he eventually would have been processed for an
involuntary separation.
does not state the specific benefit that he believes will accrue
from the change in the SPD code.
circumstances, the Board concludes that his discharge was
involuntary, and the SPD code should be changed to reflect that
fact.
SPD code of KDG now of record
Therefore, the SPD code should be changed to
The Board also notes that Petitioner
However, given the
JDG vice the
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 the SPD
code.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that at
2
the time of his discharge on 28 December 2001 he was assigned an
SPD of JDG vice the SPD of KDG 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.
i
_- .,
ROBERT D. ZSALMAN
Recorder
_’
:,,J/
,I
//f
,
-:
&AN<.
Acting Recorder
G&SMITH
’
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
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.
723.6(e))
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