DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ;
WASHINGTON DC 20370-5100 JLP:ddj
Docket No: 2272-01
12 June 2001
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 12 June 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 submitted in support thereof, your naval record and
applicable statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by BUPERS memorandum 1780 PERS 604 of 14 May 2001, a copy of which
is attached.
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. 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
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1780
PERS-604
14 May 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-—0OO0ZCB)
Subj: COMMENTS AND RECOMMENDATIONS ICO
Ref: (a) CNPC memo 5420 PERS-00ZCB of 1 May 01
(b) Title 38, United States Code, Chapter 30
1. The following is provided in response to reference (a):
a. Per reference (b), the law governing the Montgomery GI
Bill (MGIB) Program, members who served less than 36 months of a
three-year or longer enlistment must receive an Honorable
Discharge and separate for one of the following reasons to be
eligible for MGIB Program benefits: pre-existing medical
condition, service connected disability, reduction in force,
hardship, certain physical or mental conditions, or for the
convenience of the government (COG) after serving a minimum of 30
months of active duty.
b. A review of Midshipmen NAVY | BCNR | CY2001 | 03763-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2001. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and In addition, the Board considered the advisory applicable statutes, regulations and policies. references (c) and (d) for members like EM participate in VEAP.
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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. Reference (c) offered MGIB Program enrollment to active Per reference (d), duty members with money in a VEAP account on 9 October 1996 (date of enactment). (c) or in VEAP.
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