DEPARTMENTOFTHE NAVY
B O A R D F O R C O R R E C T I O N OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 10977-02
31 July 2003
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Subj :
OF
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) Case Summary
(2) Subject ' s naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member in the Marine Corps, filed an application
with this Board requesting that her record be corrected to
establish eligibility for Montgomery G. I. Bill (MGIB) benefits.
2. The Board, consisting of Mr.--Mr.d.lIlband
-reviewed
Petitioner's allegations of error and injustice
on 29 July 2003 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Mr.
3. The Board, having reviewed all the facts of record pertaining
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, it is in the interest of justice to
waive the statute of limitations and review the application on
its merits.
c. Petitioner enlisted in the Marine Corps on 27 June 1994
at 17. On 30 May 1996, Petitioner was notified that she was
pregnant, with an estimated delivery date of 29 December 1996.
On 1 October 1996 she requested discharge because she was
undeployable. This request was granted and she was honorably
discharged on 29 November 1996 by reason of pregnancy or child
birth with a Separation Program Designator (SPD) code of KDF1.
d. In order to be eligible for MGIB benefits, an individual
must be discharged for the convenience of the government and
complete 30 months of a four year active duty commitment. At the
time of her discharge, petitioner had completed 2 years, 5 months
and 2 days of active service. This left her 28 days short of
MGIB eligibility. The DD F o m 214 shows that she received
payment for 23 days of unused leave.
e. Petitioner states that she was told that her early
discharge would have no impact on her MGIB benefits. She points
out: that her son was born on 24 December 1996 and, if she had
been properly advised, could have remained on active duty until
after his birth to complete the 30 month service requirement.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Since Petitioner could have remained on active duty to
complete 30 months of service, the Board concludes that a
correction to her record to show 30 months of active duty is
warranted.
Therefore, the record should be corrected to show that she was
not discharged on 29 November 1996 but continued to serve on
active duty. The record should then show that, on 5 December
1996, she began terminal leave and remained in that status until
she was honorably discharged by reason of pregnancy/childbirth on
26 December 1996 with two years, six months of active duty. This
means that any pay due as a result of this correction should be
offset by the payment she received on 29 November 1996 for the 23
days of unused leave.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the change in the date
of her discharge.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that she
was not discharged on 29 November 1996 but continued to serve on
active duty until 26 December 1996 upon the completion of 30
months of active duty.
b. That Petitioner's naval record be further corrected to show
that she began terminal leave on 5 December 1996 and remained in
that status until her discharge. Any pay due as a result ofthis
correction should be offset with the payment for unused leave she
has already received.
c. That this Report of Proceedings be filed in Petitioner's
naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
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
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
NAVY | BCNR | CY2002 | 00398-02
1552 (1) Case Summary (2) Subject's naval record From: To : Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy filed an application with this Board requesting that her record be corrected to show that she was separated by reason of hardship vice pregnancy or childbirth. e. The Board is aware that Petitioner is not eligible for the MGIB because she did not complete 30 months of active duty, and there is no provision in the law...
NAVY | BCNR | CY2001 | 00940-01
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Navy filed enclosure (1) with this Board requesting that her record be corrected to show entitlement to the Montgomery G. I. (Petitioner) requested to be separated from the U. An SPD of JDF would indicate that her separation was involuntary and she would be entitled to at least 28 months of MGIB benefits.
She requested separation for pregnancy and was separated on 03 Jan 98, an arbitrary date. Her separation date was 8 days before she would have been eligible for the MGIB. AIR FORCE HEADQUARTERS UNITED STATES AIR FORCE WASHINGTON DC MEMORANDUM FOR AFBCMR FROM: HQ USAFDPPE 1040 Air Force Pentagon Washington, D.C. 20330-1040 I Bill Eligibility 0 6 AUG 1998 1 9 4 7 - 1 9 9 7 Public Law 98-525, the legislation which enacted the Montgomery GI Bill, requires that individuals who first became...
NAVY | BCNR | CY2002 | 01045-02
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, an 1. enlisted member of the Naval Reserve filed an application with this Board requesting that the reason for her discharge from the Navy be changed to hardship so that she will be eligible to receive Montgomery G.I. discharge, it appears that had she been properly advised and remained on active duty until the birth of her child, on 5 June 1994, she would be...
, ' JUN 3 0 1996 Office of the Assistant Secretary AFBCMR 9 8 - 0 0 0 6 9 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1 5 5 2 , Title 10, United States Code, and Air Force Instruction 3 6 - 2 6 0 3 , and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: The pertinen Force relating to show that 2 8 days o commencing 2 October 1 9 9 7 ; and, at...
NAVY | BCNR | CY2001 | 00746-01
DEPARTMENT OF THE NAVY B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S 2 N A V Y A N N E X W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 TRG Docket No: 746-01 2 March 2001 From: To : Chairman, Board for Correction of Naval Records Secretary of the Navy " OF NAVAL RECORD 0 Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Naval Reserve filed enclosure (1) with this Board requesting that his separation...
NAVY | BCNR | CY2002 | 04691-02
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. that her separation was involuntary, and she would be entitled to 29 months of MGIB benefits. 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...
NAVY | BCNR | CY2000 | 07365-00
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he elected to convert from the VEAP to the MGIB Program during the open conversion period in 1996. The Board, consisting of Messrs. Rothlein, Zsalman, and Ms. Hardbower, reviewed Petitioner's allegations of error and injustice on 30 January 2001 and, pursuant to its regulations,...
NAVY | BCNR | CY2002 | 10871-02
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. However, Petitioner's record does not contain the latest primary Navy Reference (b) states Yt listed on uty (DD Form h. Petitioner is not...
NAVY | BCNR | CY2001 | 07937-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. In addition, the Board considered the advisory opinion furnished by NPC memorandu~n 1780 Pers 604 of l l January 2002, a copy of which is attached. c. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).