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NAVY | BCNR | CY2008 | 03210-08
Original file (03210-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ‘TRG

Docket No: 3210-08
27 June 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 3 June 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 31 August 1999 at age 24. At that
time, your mother had custody of your three year old daughter.
Subsequently, your mother became ill and could no longer care for
your daughter. On 12 June 2000, you indicated that you could not
comply with the terms of the Family Care Plan Certificate. Since
you were unable to deploy, you were notified of separation

processing by reason of parenthood. At that time, you elected to
waive your procedural rights. On 14 November 2000, the discharge

authority approved the recommendation of your commanding officer
that you be honorably discharged by reason of parenthood. You
were honorably discharged on 12 January 2001. At that time, you
were assigned an RE-3B reenlistment code.

Subsequently, you were granted a waiver and were allowed to
enlisted in the Navy Reserve. Since then you have served in an
excellent manner and have been advanced in rate.

You contend in your application, that the discharge by reason of
parenthood is in error because you should have been discharged by
reason of hardship. You believe that the reason of parenthood
implies that you were discharged because of pregnancy or
childbirth which does not apply in your case.
It is clear from the record that after your mother became ill
there was no one you trusted to care for your child while you
were deployed. This situation is no different from the problems
faced by many single parents and it is not considered to be a
hardship. It is Navy policy to separate individuals in your
Situation by reason of parenthood and you have been treated no

differently than many others.

 

Regulations require the assignment of an RE-3B or an RE-4 when an
individual is discharged by reason of hardship. Accordingly,
you received the least restrictive reenlistment code authorized

by the regulations.

 

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,

Executive D r

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