DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket ‘No: 09155-08
30 July 2009
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 28 July 2009. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy Reserve on 22 May 2005 after three
years of honorable service. You served without incident until 20
May 2007, when you could not comply with a Family Care Plan
Certificate after you requested to be exempted from deployment.
On 20 June 2007, administrative discharge action was initiated by
‘reason of convenience of the government due to parenthood. You
then waived your rights to consult counsel or have your case>
heard by an administrative discharge board {ADB). You elected
only to make a statement and to obtain copies of documents
supporting the basis for your separation.
On 29 June 2007, your commanding officer forwarded your case
recommending discharge by reason of convenience of the government
due to parenthood. The letter stated, in part, that you neglected
to complete the Navy Family Care Plan Certificate, were unable to
perform your duties, and were not available for world-wide
assignment due to parenthood. On 10 July 2007, the separation
authority directed an honorable discharge by reason of parenthood. .
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, the reasons you stated as to why you could not comply
with the Family Care Plan Certificate, and your belief that you
had a legitimate reason for being temporarily exempted from
deployment. Nevertheless, the Board found that these factors
were not sufficient to warrant changing the reason for your
discharge given the fact that Navy regulations state, in part,
that all personnel on active duty or in the Selected Reserve must
be ready to deploy throughout the world on short notice and be
able to fully execute their military duties. Additionally, the
Board noted that you were given approximately 30 days to comply
with the Family Care Plan Certificate. Finally, the Board noted
that you waived your right to an ADB, you best opportunity for
retention. 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 PFEIL
Executive Di
NAVY | DRB | 2006_Navy | ND0600019
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The discharge shall change to Honorable by reason of convenience of the government due to parenthood or custody of minor children. The Applicant contends her narrative reason should be characterized as convenience of the Government or hardship.
NAVY | DRB | 2001_Navy | ND01-00570
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 000718 with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children (A). The applicant requested a discharge upgrade in order to obtain GI Bill benefits. Relief denied.Although the applicant had no other issues, after careful review of the applicant’s service record, the Board determined that the applicant was...
NAVY | DRB | 2004_Navy | ND04-00255
PART I - APPLICANT’S ISSUES AND DOCUMENTATION A person would need 30 months to receive benefits under C.O.G. 020828: Retention Warning: Advised of deficiency (On 020827 you submitted a NAVPERS Form 1740/6 on which you indicated you could not comply with the requirements to provide a Family Care Plan).
NAVY | DRB | 2006_Navy | ND0600111
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. I received my Good Conduct Medal and, other then being unable to sign the Family Care Plan, had no incidents in those four years. I am now resubmitting, but it is not to add additional issues, justification or evidence.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD...
NAVY | BCNR | CY2010 | 11028-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2010. 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. As a result of this action, on 16 August 2001, you submitted a written request for an administrative separation due to parenthood.
NAVY | DRB | 2004_Navy | ND04-01319
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: Copy of the Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 991023 - 000328 COG Active: None Period of Service Under Review :Date of Enlistment: 000329 Date...
NAVY | DRB | 2004_Navy | ND04-00475
ND04-00475 Applicant’s Request The application for discharge review was received on 20040128. 001122: Commanding Officer recommended discharge with an honorable by reason of commission of a serious offense and convenience of the Government due to parenthood or custody of minor children. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).Issue 1: The Applicant...
NAVY | DRB | 2003_Navy | ND03-00009
ND03-00009 Applicant’s Request The application for discharge review, received 20020925, requested the reason for the discharge be changed to involuntary. 011218: CNPC directed the Applicant's discharge with type warranted by service record by reason of convenience of the Government due to parenthood or custody of minor children, with a separation code of “KDG”. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that...
NAVY | DRB | 2010_Navy | ND1000177
On 20 August 2001, the Separation Authority approved the recommendation for administrative separation and the Applicant was discharged under Honorable conditions with a re-enlistment code of RE-3B (Parenthood or custody of minor children a member is unable to perform prescribed duties, or unable to comply with family care plan requirements-Ineligible to reenlist without a Commander, Navy Recruiting Command waiver). Pursuant to the Commanding Officer’s recommendation for administrative...
NAVY | DRB | 2006_Navy | ND0600738
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The record reveals that the Applicant was properly notified for separation by reason of convenience of the government – parenthood on 20021120 with a least favorable characterization of general (under honorable conditions). You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .The names and votes of the...