DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 Docket No. 11575-19 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 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 9 October 2020. 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy on 17 June 1997. On 12 October 1997 you reported for duty with the . On 17 June 1998, you gave birth to a son in , . On 25 July 1998 the officially commissioned in , . As a member of ship’s company on board the , on 26 December 1998 you completed your Department of the Navy Family Care Plan Certificate (NAVPERS 1740/6) (“NFCPC”), which was required due to you being a single parent at the time. The Navy Family Care Plan provides commands with a detailed plan to ensure members can fully execute their military and professional duties. However, you answered “I can’t comply” multiple times with the Navy policy on dependent care responsibilities on the NFCPC form. On 21 January 1999, your command initiated administrative discharge action by reason of convenience of the government due to parenthood (per MILPERSMAN 1910-124). You waived your rights to consult with counsel, submit a statement for consideration by the separation authority, and to have your case reviewed by the General Court-Martial Convening Authority. Ultimately, on 26 January 1999, you were discharged from the Navy with an honorable characterization of service, with “Parenthood” listed as your narrative reason for separation along with a corresponding separation code of “KDG”. In this regard, you were assigned the correct characterization, narrative reason for separation, and separation code based on your factual situation. The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to: (a) your narrative reason should state “hardship due to parenthood” due to the fact that you and your family made every reasonable effort to alleviate your hardship and your discharge resulted in the elimination of the hardship, (b) you had no one to take care of your son at the time, and (c) your command did you a disservice by not properly documenting your paperwork at the time of your discharge. However, the Board concluded these factors and contentions were not sufficient to warrant changing your narrative reason for separation and its corresponding separation code, or granting any other equitable relief. The Board determined that your Navy service records and DD Form 214 maintained by the Department of the Navy contain no known errors or injustices. The Board disagreed with your contention that the narrative reason for separation wording is erroneous and should be changed to “hardship due to parenthood.” The Board concluded that the MILPERSMAN 1910-124 parenthood provisions cover the precise circumstances of your situation and expressly deal with the inability to comply with Navy Family Care Plan requirements. Moreover, the Board determined that the MILPERSMAN 1910-110 hardship provisions were inapplicable to your situation. The Board noted that hardship separation provisions are designed to alleviate a severe hardship encountered by a service member’s immediate family (e.g., disability or long-term illness), and do not apply to difficulties experienced by the active duty service member in trying to meet their dependent care responsibilities. Lastly, absent a material error or injustice, the Board generally will not summarily make changes to service records solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities. In the end, the Board concluded that you received the correct narrative reason for separation and separation code and that such action was in accordance with all Department of the Navy directives and policy at the time of your discharge. Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 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 matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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, 12/7/2020 Executive Director