DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC 20370-510

0

S

Docket No. 5254-02
12 December 2002

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From:
To:

Subj:

Ref:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

AL RECORD OF

(a) 10 U.S.C. 1552

(1) Case Summary
(2) Subject's naval record

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlisted member of the Navy, applied to this Board
requesting, in effect, changes in her separation code and
eligibility for the Montgomery G.I. Bill (MGIB).
The Board, consisting of Messrs. Pfeiffer,  

2.
Dunne, reviewed Petitioner's allegations of error and injustice
on 11 December 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the.
Documentary material considered by
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.

Novello, and

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 to the

Board was not filed in a timely manner, it is in the best
interest of justice to waive the statute of limitations and
review the application on its merits.

She served without disciplinary incident

c.Petitioner enlisted in the Navy on 5 November

  1991 for
four years at age 19.
until 30 April 1982, when she received nonjudicial punishment
(NJP) for failure to obey a lawful order. The punishment imposed
was forfeitures of $392 per month for two months, 45 days of
All
restriction and extra duty, and a reduction in rate.
punishment was suspended for six months except for one month of
the forfeitures.

d.

Petitioner's record reflects that she completed alcohol

rehabilitation treatment in August 1992.
without incident until 2 December 1993,
civil authorities of driving under the influence (DUI) and
failure to have insurance.
attend a drug and alcohol risk reduction program.

She was fined $733 and ordered to

She further served

when she was convicted by

e. On 14 March 1994,

Petitioner was notified that

administrative separation action was being initiated by reason of
misconduct due to commission of a serious offense, civil
She was advised
conviction, and alcohol rehabilitation failure.
of her procedural rights and elected to retain her rights,
including the right to an administrative discharge board

(ADB).

f.On 9 May 1994,

an ADB meet and found Petitioner had

committed misconduct by reason of civil conviction, and was an
alcohol rehabilitation failure.
the she had not committed misconduct by commission of a serious
offense, and further recommended separation with an honorable
discharge.

However, the ADB also found that

g.On 2 June 1984,

the commanding officer forwarded the

separation action to the Chief of Naval Personnel (CNP)
recommending an honorable discharge.
directed an honorable discharge by reason of misconduct due to
commission of a serious offense.
22 July 1994.
months of service.

At that time, she had about two years and eight

On 14 July 1994, CNP

Petitioner was so discharged on

h.

Petitioner's DD Form 214 sets forth the narrative reason

@@misconductn  and her separation code as  

IIGKQ",,
for separation as
which means that she was separated by reason of misconduct due to
commission of a serious offense.
assigned if Petitioner had been separated by reason of misconduct
due to civil conviction.

,(GKB" would have been

A code of  

i.Regulations presently state that a servicemember who

enlisted for a four year active duty commitment must complete a
minimum of three years of continuous active duty in order to be
eligible for basic educational benefits under the Montgomery G.I.
Bill (MGIB).
characterization of service in order to receive benefits.
Additionally, this provision of law also states that,  
by which the basic pay of an individual is reduced shall be
revert to the Treasury and shall not,

An individual must receive a fully honorable

for purposes of any Federal

"Any amount

2

law, be considered to have been received by or to be
control of such individual."
not serve on active duty for three years, Petitioner
eligible to receive MGIB benefits nor to a refund of
contributions.

Accordingly, since she

within the
did
is neither
her

CONCLUSION:

record, the

After reviewing the relevant evidence of record it is

Upon review and consideration of all the evidence of
Board concludes that Petitioner's request warrants favorable
action.
clear that ADB found that Petitioner had committed misconduct by
reason of civil conviction and was an alcohol rehabilitation
However, CNP
failure, but had not committed a serious offense.
incorrectly directed separation by reason of misconduct due to
commission of a serious offense instead of civil conviction.
Based on this conclusion, the Board found that correcting her
separation code to reflect the correct reason for separation is
appropriate.
of the foregoing, the Board finds the existence of an injustice
warranting the following corrective action.

However, no further relief is appropriate.

In view

RECOMMENDATION:

a.

That Petitioner's naval record be corrected to show that

On 22 July 1994 she received a separation code of  
"GKQ" that was actually issued.
seperation code of

@@GKBW vice the

b.

That no further relief be granted.

C .

That any material or entries inconsistent with or

relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.

C .

That any material directed to be removed from

Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.

It is certified that a quorum was present at the  

Board‘s
4.
and that the foregoing is a true and
review and deliberations,
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 6

5.
(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 it 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.