DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TRG
Docket No:  2990-04
13 May 2004

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 11 May 2004. 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 20 July 2000 at age 22. At that time, you were paid an enlistment bonus of $3000 and elected to participate in the Montgomery G. I. Bill (MGIB). On 22 April 2002 your son was born. Subsequently you indicated that you could not comply with the provisions of the Family Care Plan Certificate. Consequently you were processed for an administrative discharge due to parenthood or custody of minor children. On 3 September 2002 the discharge authority directed your discharge. However, for some reason you were not honorably discharged until 11 March 2003. The Separation Program Designator (SPD) code entered on your DD Form 214 is “KDG” (which indicates your discharge was voluntary) with an RE-3B reenlistment code. After your discharge, you were rated as 10% disabled by the Department of Veterans Affairs.

In your application you are requesting that the SPD code be changed to “JDG”, which will indicate that you were discharged by reason of parenthood or custody of minor children and your discharge was involuntary. You apparently believe that you will receive some benefit from such a change, such as not having the unearned portion of your enlistment bonus recouped or to
establish eligibility for the MGIB.

Regulations state that you must be separated by reason of a hardship or a service connected physical disability in order to prevent recoupment of unearned bonuses. A reason for discharge of parenthood or custody of minor children is not considered to be a hardship, as defined in the regulations. Further, there is no evidence that a discharge by reason of physical disability was warranted. Finally, the Board noted that you are eligible for the MGIB because you completed over 30 months of active duty. Since a discharge by reason of parenthood or custody of minor children does not equate to hardship or disability, there does not appear to be any benefit to be gained by the relief you seek. Further, you served from 3 September 2002, when your discharge was directed, until your discharge on 11 March 2003, which suggests that you were able to serve and your discharge may have been voluntary. Therefore, the Board concluded that a change in your SPD code was not 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,

                W. DEAN PFEIFFER
          Executive Director

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