DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7785-10
12 August 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, Undated
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 August 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 11 December 1987 after nearly 11
years of prior honorable service. You continued to serve without
disciplinary infraction until 15 March 1990, when you received
nonjudicial punishment (NJP) for communicating a threat and
assault. About four years later, on 5 April 1994, you again
received NIP for communicating a threat and assault.
Your record contains an administrative remarks entry dated 13
June 1994, which states, in part, that you were counselled
regarding deficiencies and your performance and conduct,
specifically, your failure to make adequate dependent care
arrangements. On 22 July 1994, you received your third NUP for
three specifications of failure to obey a lawful order. Shortly
thereafter, on 20 September 1994, you submitted a Dependent Care
Certificate stating that you could not comply with the
requirements which would make you eligible for worldwide
assignment. Subsequently, you were administratively processed
for separation by reason of convenience of the government due to
parenthood or custody of minor children. The discharge authority
directed your commanding officer to issue you an honorable
discharge by reason of convenience of the government due to
parenthood or custody of minor children, and on 28 October 1994
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, desire to set aside your discharge,
yd change your record to reflect that you retired from the Navy.
ysalso considered your assertion that you honorably served for
Sarly 18 years and the only reason you were not receiving a full
ension was due to having two Navy Enlisted Classification (NEC)
codes. Nevertheless, the Board concluded these factors were not
sufficient to warrant setting aside your discharge for the
purpose of making you eligible for retirement because you served
for less than 18 years and were properly discharged by reason of
parenthood. The Board also found that your assertion regarding
noneligibility for a full pension due to having two NECs is
without merit. Accordingly, your application has been denied.
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 PFE
Executive Di
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