DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket
No: 11034-07
25 November 2008
This is in reference to your application for corred
naval record pursuant to the provisions of title 1¢
States Code section 1552.
+
A three-member panel of the Board for Correction of
Records, sitting in executive session, considered
application on 13 November 2008.
tion of your
of the United
Naval
our
Your allegations |jof error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceédings 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 submitte
insufficient to establish the existence of probabl
error or injustice.
You enlisted in the Navy on 28 July 2001 at age 18.
time, you elected to participate in the Montgomery
(MGIB). The portion of the MGIB agreement as it ay
application states that you had to serve on active
period of 36 months in order to be eligible. A cop
agreement is enclosed.
On 10 December 2001 you reported to the USS CAMDEN
Apparently because you were pregnant, you were tran
shore duty in Bremerton, Washington, and reported t
September 2002. Subsequently, you indicated that y
comply with the provisions of the Family Care Plan
because you had no one to care for your child when
Your daughter was born on 12 March 2003.
On 28 March 2003, your command recommended that you
by reason of parenthood or custody of minor childre
review, the separation authority directed separatio
honorably discharged on 12 June 2003. The separati
entered on your DD Form 214 indicates that your dis
the Navy was voluntary. At that time, you had comp
9 months and 15 days of active service.
was
material
At that
G. I. Bill
plies to your
duty for a
y of your
(AOE2).
sferred to
here on 17
ou could not
Certificate
it was born.
be discharged
m. After
m and you were
on code
charge from
leted 1 year,
In some cases an individual may be eligible for ben
the actual time served (in your case 21 months) if
or discharge was considered to be involuntary. You
that you desired separation and did not contest the
proceedings.
service requireme
the Board conclud
and a correction
Since you do not meet the time in
separation was clearly voluntary,
are not entitled to MGIB benefits
is not warranted.
denied. The
be furnished
been
will
Accordingly, your application has
votes of the members of the panel
It is regretted that the circumstances of your case
favorable action cannot be taken. You are entitled
efits based on
the separation
r record shows
discharge
mt and your
ed that you
ko your record
names and
upon request.
are such that
to have the
Board reconsider its decision upon submission of ne
evidence or other matter not previously considered
In this regard, it is important to keep in mind tha
presumption of regularity attaches to all official
Consequently, when applying for a correction of an
record, the burden is on the applicant to demonstra
existence of probable material error or injustice.
Sincerely,
Lond
W. DEAN PFE
Executive Di
Enclosure
and material
y the Board.
a
ecords.
fficial naval
e the
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