DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
e TRG
WASHINGTON DC 20370-5100 Docket No: 9832-07
20 November 2008
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 13 November 2008. 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 enlisted in the Navy on 21 July 1997 at age 18. At that
time, you elected to participate in the Montgomery G. I. Bill
(MGIB). The portion of the MGIB agreement as it applies to your
application states that you had to serve on active duty for a
period of 36 months in order to be eligible and the benefit had
to be used within 10 years. A copy of your agreement is
enclosed.
On 28 September 1998 you reported for duty under instruction at
the Nuclear Power Training Unit. On 29 April 1999 you were
married and apparently immediately requested release from active
duty. You were honorably released from active duty on 14 May
1999 with a narrative reason of separation due to pregnancy or
childbirth. The separation code entered on your DD Form 214
indicates that your separation from the Navy was voluntary. At
that time, you had completed 1 year, 9 months and 24 days of
active service. Subsequently, you were honorably discharged at
the end of your military obligation.
In some cases an individual may be eligible for benefits based on
the actual time served (in your case 21 months) if the separation
or discharge was considered to be involuntary. Your record shows
indicates that you wanted separation even prior to the birth of
voluntary.
Since you do not meet the time in service requirement and your
separation was clearly voluntary, the Board concluded that you
are not entitled to MGIB benefits and a correction to your record
is not warranted.
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,
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