DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
15 November 2002
4691-02
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
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
filed an application with
that her separation program
1.
former enlisted member in the Navy,
this Board requesting, in effect,
designator (SPD) code be changed in order to establish
eligibility for the Montgomery G.I. Bill (MGIB).
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.
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 on 3 July 1995 at age 18
and elected to participate in the MGIB.
discharge documentation is not filed in the record.
record shows that she was married to an active duty service
member and her son was born on 6 September 1997.
shows that she was honorably discharged on 5 December 1997 by
reason of "Parenthood/custody of minor children" with an SPD code
of "KDG"
.
voluntary.
years, five months and three day of active service.
The KDG code indicates that her separation was
At the time of her discharge, she had completed two
The administrative
The DD Form 214
However, the
d.
The Board is aware that Petitioner is not eligible for
MGIB because she did not complete 30 months of active duty, and
there is no provision in the law that would allow the refund of
However, she would be eligible for
her $1,200 MGIB payment.
payments under MGIB based on her 29 months of active service if
As previously noted, the SPD of
her separation was involuntary.
Therefore, she
KDG indicates that her separation was voluntary.
An SPD of JDG would indicate
is being denied all MGIB benefits.
that her separation was involuntary, and she would be entitled to
29 months of MGIB benefits.
e.
Petitioner contends that she did nothing wrong and is
improperly being denied benefits to which she is entitled.
Board recognizes that as the mother of a young child she would
have had difficulties in standing watches, performing shift work
and deployments, and in this situation, she could not have signed
a dependent care certificate and would have been involuntarily
discharged.
The
CONCLUSION:
The Board notes that if she had stayed on active duty
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
another 27 days, she would have been entitled to MGIB benefits.
Although she apparently requested discharge it appears that as a
mother of a young child she really did not have many options.
she had not requested discharge,
not have signed a dependent care certificate and would have been
processed for an involuntary discharge.
including her good record of service and the fact that she was
within 27 days of qualifying for MGIB, the Board concludes that
Petitioner's SPD should be changed to JDG so that she can receive
29 months of benefits.
If
it is very likely that she could
Given the circumstances,
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand her MGIB entitlement.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that on 5
a.
December 1997 she was assigned a Separation Program Designator
(SPD) of JDG vice the SPD of
KDG now of record.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
4.
It is certified that a quorum was present at the Board's
2
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
._
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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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
\
3
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