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
NAVY | BCNR | CY2005 | 05566-05
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...
NAVY | BCNR | CY2008 | 03210-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You contend in your application, that the discharge by reason of parenthood is in error because you should have been discharged by reason of hardship. You believe that the reason of...
NAVY | BCNR | CY2004 | 02990-04
After your discharge, you were rated as 10% disabled by the Department of Veterans Affairs.In your application you are requesting that the SPD code be changed to “JDG”, which will indicate that you were discharged by reason of parenthood or custody of minor children and your discharge was involuntary. Further, there is no evidence that a discharge by reason of physical disability was warranted. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | DRB | 2010_Navy | ND1000177
On 20 August 2001, the Separation Authority approved the recommendation for administrative separation and the Applicant was discharged under Honorable conditions with a re-enlistment code of RE-3B (Parenthood or custody of minor children a member is unable to perform prescribed duties, or unable to comply with family care plan requirements-Ineligible to reenlist without a Commander, Navy Recruiting Command waiver). Pursuant to the Commanding Officer’s recommendation for administrative...
ARMY | BCMR | CY2014 | 20140012476
Her DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program U.S. Army Delayed Entry Program) shows: * she enlisted for training in military occupational specialty (MOS) 68W (Health Care Specialist) * she enlisted under the U.S. Army Incentive Enlistment Program (Reduced Military Service Obligation (MSO) Enlistment Bonus 3 Years Active and 3 Years Selected Reserve) * she was authorized an enlistment bonus in the amount of $30,000 2. Enlistment bonuses for RA Soldiers are...
NAVY | DRB | 2005_Navy | ND0500775
ND05-00775 Applicant’s Request The application for discharge review was received on 20050404. I was there for the Navy 24/7, please be there for me this one final time. The summary of service clearly documents that parenthood or custody of minor children was the reason the Applicant was discharged.
NAVY | BCNR | CY2001 | 07368-01
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed an application with this Board requesting that his record be corrected to show reinstatement on active duty or a change in the reenlistment code. However, after reviewing the Navy's evaluation, the Board concludes that even if Petitioner did not have a personality disorder, his problems were sufficiently severe to warrant discharge. The Board notes that portion of the DVA evaluation...
NAVY | DRB | 2006_Navy | ND0601017
Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation Record not available. Elements of Discharge: [INVOLUNTARY] Discharge Process: NOTIFICATION PROCEDURE Date Notified:19990811Reason for Processing:CONVENIENCE OF THE GOVERNMENT - Least Favorable Characterization: Date Applicant Responded to Notification: 19990811Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) GCMCA Review Administrative...
NAVY | BCNR | CY2002 | 10250-02
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. Accordingly, on 13 November 2001, the discharge authority disapproved your request for retention in a noncombatant status but directed an honorable discharge by reason of "conscientious objectorn. It is clear from the regulations that the Navy Personnel Command was authorized to direct...
ARMY | BCMR | CY2010 | 20100010241
On 6 July 2006, by memorandum, her immediate commander notified her of his intent to initiate separation action against her under the provisions of Army Regulation 635-200, chapter 5-8, by reason of parenthood (failure to maintain an FCP). On 11 July 2006, her immediate commander initiated separation action against her under the provisions of chapter 5-8 of Army Regulation 635-200 by reason of failure to maintain an FCP. With respect to the separation code, the evidence of record shows the...