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NAVY | BCNR | CY2002 | 03539-02
Original file (03539-02.pdf) Auto-classification: Denied
D E P A R T M E N T O F T H E  NAVY 

BOARD  F O R C O R R E C T I O N O F  NAVAL  RECORDS 

2  N A V Y A N N E X  

WASHINGTON  DC  20370-5100 

TRG 
Docket No:  3539-02 
23 July 2003 

 his is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10 of the United 
States Code section 1552. 

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 22 July 2003.  Your allegations of error and 
injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the proceedings of this 
Board.  Documentary material considered by the Board consisted of 
your application, together with all material submitted in support 
thereof, your naval record and applicable statutes, regulations 
and policies. 

After careful and conscientious consideration of the entire 
record, the Board found that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

You enlisted in the Navy on 31 August 1999 at age 24.  You then 
extended that enlistment for 12 months in order to receive a 
$2,000 enlistment bonus.  Because you had a three year old 
daughter, your custody arrangements had to be approved prior to 
enlistment.  YOU satisfactorily completed initial training and 
reported to the USS ENTERPRISE (CVN  65).  On 22 June 2000 you 
indicated that you could not comply with the provisions of the 
Family Care Plan certificate. 

Subsequently, you requested discharge because you had no one to 
care for your daughter.  On 12 September 2000 you were notified 
of separation processing due to parenthood.  In connection with 
this processing, you elected to waive your procedural rights.  On 
26 September 2000 your commanding officer recommended transfer to 
shore duty or discharge.  After review, the discharge authority 
directed an honorable discharge and you were so discharged on 12 
January 2001.  It was directed that all existing indebtedness be 
recouped. 

If you had been separated by reason of hardship or physical 
disability, recoupment of the enlistment bonus would not be 

required.  The ~ilitary Personnel Manual states that a hardship 
discharge will not be authorized solely because of parenthood and 
inability to comply with the Family Care Plan Certificate. 

You have submitted documentation showing that your mother was 
diagnosed with cancer and could no longer care for your daughter. 
You state that you were told by the command that recoupment of 
your enlistment bonus would not be required.  You believe it is 
unjust for the Defense Finance and ~ccounting Service (DFAS) to 
be attaching your income tax refunds to reduce your indebtedness. 

The Board noted that you were paid the enlistment bonus with the 
expectation that the Navy would get a return on its investment. 
Further, you were aware that the demands of military life would 
place a strain on your family situation.  Although it is 
unfortunate that your mother became ill, it is clear that your 
situation did not meet the criteria for a hardship discharge. 
Therefore, the Board concluded that a change in the reason for 
discharge to hardship to stop recoupment of the enlistment bonus 
was not warranted. 

Accordingly, your application has been denied.  The names and 
votes of the members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that 
favorable action cannot be taken.  You are entitled to have the 
Board reconsider its decision upon submission of new and material 
evidence or other matter not previously considered by the Board. 
In this regard, it is important to keep in mind that a 
presumption of regularity attaches to all official records. 
Consequently, when applying for a correction of an official naval 
record, the burden is on the applicant to demonstrate the 
existence of probable material error or injustice. 

Sincerely, %% 

Executive Di e 



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