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Decision Text

NAVY | BCNR | CY2001 | 01265-01
Original file (01265-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

JLP:ddj
Docket No: 126501
10 October 2001

This is in reference to your application for correction of your naval record pursuant to the
provisions of title IO of the  

I Jnited States Code, section  

1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on IO October 2001. 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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by NPC memorandum 1780 PERS 604 of 3 April 2001, a copy of which is
attached.

submitteil in support thereof, your naval record and

 

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
evidence or other matter not previously considered by the Board.
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

upon submission of new and material
In this regard, it is important

ustice.

 

 

illj 

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV

N AVY PERSONNEL COM

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

MAN D

Y

178 0
PERS-604
3 Apr 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

(a) CNPC memo 5420 PERS-OOZCB of 21 Mar  
(b) Title  

Unitea  states  

- 
coae,  

01
-1 
Lnapter  

_^
38,

~I~___ 

_ 

7

?n
3u

1.

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

a.

Recommend denial of

in the Montgomery GI Bill
BMSN Fitzsimmons'
disenrolled from the MGIB Program on 30 October 1998.
Per reference (b),

master microfiche record indicates he

the decision to disenroll is irrevocable.

A review of

Program.

(MGIB)

request to enroll

se has been reviewed.

Without a

, miscounseling cannot be
provide documentation from

the briefing official where the alleged miscounseling occurred
stating they provided incorrect information during their brief, a
more favorable recommendation could be given.

PERS-604's point of co
2 .
reached at (DSN)   882-4260

Director,‘ Navy Drug 
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)

& Alcohol,



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