DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1174-14
25 February 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
24 February 2015. 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 enlisted in the Navy and began a period of active duty on
3 July 1996. Based on the information currently contained in
your record it appears that you were subsequently process for
separation by reason of Parenthood or Custody of Minor Children.
In connection with this processing, you would have acknowledged
the separation action and the separation authority would have
approved a recommendation for separation. The record clearly
shows that on 15 July 1998, you were discharged with an honorable
characterization of service by reason of Parenthood.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your narrative reason for separation to
gain eligibility for use of the Montgomery GI Bill (MGIB).
Nevertheless, the Board concluded that your administrative
tody of Minor Children
separation by reason of Parenthood or Cus
as such, should not be
was proper and procedurally correct and,
changed. Regarding your MGIB eligibility, you must use the MGIB
within 10 years of release or discharge from active duty or
completion of Selected Reserve obligation. 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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,
ROBERT J. O’NEILL
Executive Director
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