DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
FC
Docket No:
23 June 2003
10871-02
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj
:
REVIEW OF NAVAL RECORD OF
Ref:
Encl:
(a) 10 U.S.C. 1552
(b) BUPERSINST 1900.8
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner,
1.
former enlisted member of the Navy, applied to this Board
requesting, in effect, to change her job title, reenlistment
code, and reason for separation to establish eligibility for
Montgomery G. I. Bill (MGIB).
a
the
ard, consisting of Mr.
reviewed Petitioner's
and Mr.
&d
injustice on 18 June 2003 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Documentary material
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 interest of
justice to waiver the statue of limitations and review the
application on its merits.
C . Petitioner enlisted in the Navy on 16 July 1996 at age
Subsequently, she elected to participate in the MGIB.
19.
August 1998 she received nonjudicial punishment (NJP) for a
day period of unauthorized absence and was awarded a forfeiture
of pay and restriction.
On 5
ten-
d. Petitioner was honorably discharged on 25 September 1998
by reason of parenthood and assigned a reenlistment code of RE-4.
An RE-4 reenlistment code means that a individual is not eligible
Applicable regulations require the assignment
for reenlistment.
on an RE-4 reenlistment to individuals that are separated while
serving in
paygrade E-2.
e.
Petitioner was separated for parenthood because of her
inability to continue to be ready for deployment throughout the
world on short notice and be able to fully execute military
In her application, she indicated that her grandmother
duties.
had recently died, leaving her with no one to care for her child.
A review of the record indicates that her grandmother was listed
as the person designated for custody of the child.
Petitioner was assigned a separation code designator
, which indicates that her separation was voluntary.
(SPD;*of KDG
However, an individual may be involuntarily processed for
separation due parenthood if he or she is unable to sign a
dependent care certificate,
properly cared for it the servicmember is deployed.
certifying that dependents will be
go
Petitioner desires that the primary
special
"plane handler" instead of
her Certificate of Release or Discharge from Active
214N) be
l*electrical/mechanics/equipment repairman."
that in this block of the DD Form 214,
Enlisted Classification Code listed on the individual's page 4
should be entered.
a page 4.
However, Petitioner's record does not contain
the latest primary Navy
Reference (b) states
Yt
listed on
uty (DD Form
h.
Petitioner is not eligible for the MGIB because she did
not complete 30 months of active duty,
in the law which would allow Petitioner's MGIB payments to be
refunded to her.
However, she would be eligible for payments
under the MGIB, based on her 26 months of active service, if her
An SPD code of JDG would indicate
separation was involuntary.
that her separation was involuntary and she would be entitled to
26 months of MGIB benefits.
and there is no provision
CONCLUSION:
The Board noted that although the SPD currently assigned
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
indicates her discharge was voluntary,
a dependent care certificate after the death of her grandmother,
she would have been involuntarily processed for separation.
Given the death of her grandmother, the Board concluded that
Petitioner's SPD code should be changed to JDG so that she can
obtain 26 months of MGIB benefits.
Board concluded that the RE-4 reenlistment code should not be
However, given the NJP, the
if she had refused to sign
changed.
specialty listed on her DD Form 214 is incorrect.
Further, Petitioner had not shown that the primary
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was assigned a SPD of JDG vice KDG now of record.
b.
That no further relief be granted.
C .
record.
That a copy of this Report be filed in Petitioner's naval
d.
That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 30 December 2002
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
Acting Recorder
5.
Pursuant to the delegation of authority set out in Section
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.
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