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NAVY | BCNR | CY2001 | 00405-00
Original file (00405-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE
BOARD FOR CORRECTION OF NAVAL RECORDS

NAVi

 

2 NAW ANNEX

WASHINGTON, D.C. 20370-5100

JLP:ddj
Docket No:  
24 October 2000

405-00

Dear PETTY OFFICE

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 24 October 2000. 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.
opinion furnished by BUPERS memorandum 1780 PERS 604 of 9 May 2000, a copy of which is
attached.

In addition, the Board considered the advisory

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. In this connection, the Board substantially concurred with the comments contained in
the ‘advisory opinion. 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.
to keep in mind that a presumption of regularity attaches to all official records.
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.

In this regard, it is important
Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

1780
PERS-604
9 May 00

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via.:

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

D RE
USN,

SK1

(a) CNPC memo 5420 PERS-OOZCB of 3 May 00
(b) Title 38,

United States Code, Chapter 30

1.

The following is provided in response to reference (a):

a.

This office recommends denial of SK1

to enroll in the MGIB Program.
microfiche record indicates he disenrolled from the Montgomery
Bill (MGIB) Program on   20 September 1988.
decision to disenroll is irrevocable.

A review of S

Per reference (b), the

quest
rmaster
.GI
 

b.

SK1 

B ase has been reviewed.

Without a

statement from the
documented.
briefing official where the alleged miscounseling occurred
stating he provided incorrect information during his brief, a
more favorable recommendation could be given.

ficial,
sn provide documentation from the

miscounseling cannot be

If SK1

Commander, U.S. Navy
Deputy Director, Navy Drug  
Alcohol, Fitness, Education, and
Partnerships Division (PERS-60)
Acting

&



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