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NAVY | BCNR | CY2005 | 05566-05
Original file (05566-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
 Docket No:5566-05
 5 May 2006


This 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 2 May 2006. 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 initially enlisted in the Navy on 23 September 1998 at age 21 and served in an excellent manner for almost four years. On 26 April 2002 you reenlisted in the Navy for six years in exchange for a reenlistment bonus.
On 27 May 2003 you gave birth to a daughter. Three days later, you stated that you could not comply with the provisions of the Family Care Plan Certificate and would not be eligible for future deployments. This situation arose because you were unmarried and no one in your family could take care of your child. Since you were not able to deploy or perform some other military duties, you were processed for an administrative discharge by reason of parenthood. In connection with this processing, you elected to waive your procedural rights. After review, the discharge authority approved the recommendation for discharge made by your commanding officer and directed recoupment of the unearned portion of the reenlistment bonus. In the performance evaluation for the period ending 8 November 2003 it was noted that you were an excellent manager and leader and you were recommended for early promotion. You were honorably discharged on 18 December 2003 by reason of parenthood or custody of minor children.
After your discharge, the Defense Finance and Accounting Service informed you of an indebtedness of $18,230.29, the unearned portion of your reenlistment bonus. Applicable regulations require recoupment of the unearned portion of a reenlistment bonus unless an individual is discharged by reason of hardship or physical disability. Your situation is no different than other mothers with minor children who are discharged because they were not eligible for deployment. Therefore, the Board concluded that your case did not meet the criteria for a hardship discharge. It is clear that you were paid the reenlistment bonus in exchange for additional service and received the benefits of the bonus payments. When you could not complete the required service, the regulations required recoupment. Since you have been treated no differently than many others in your situation, the Board could not find an error or injustice in your case.
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,



W. DEAN PFEIFFER
 Executive Director

























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