DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP:ecb
Docket No: 2324-01
17 July 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 17 July 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.
opinion furnished by NPC memorandum 1780 PERS-604 dated 30 May 2001, 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. 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 NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
Y
1780
PERS-604
30 May 01
MEMORANDUM FOR EXECUTIVE
DIRECTbR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Ref:
(a) CNPC memo 5420 PERS-OOZCB 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
members who served less than 36 months of a
Bill (MGIB) Program,
three-year or longer enlistment must receive an Honorable
Discharge and separate for one of the following reasons to be
pre-existing medical
eligible for MGIB Program benefits:
service connected disability, reduction in force,
condition,
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 Midshipman
entered active duty on
Midshipma
enlistment.
Program and paid the r
27 months of active duty,
to enter the Na
Since Midshipma
service obligation of 30 months,
record indicates she
97 with a six-year term of
z elected to enroll in the MGIB
On 24 August 1998, after
she was honorably discharged for COG
Officer Training Corps Program.
,did not meet the minimum active
she is ineligible for MGIB
We cannot recommend approval of Midshipman
duty
request to extend her length of service from 27
If the Board does change Midshipman
record to reflect 30 months of active duty service,
'be eligible to receive her MGIB Program benefits.
Subj:
PERS-604's point of contact is M
S'
2.
reached at
(DSN) 882-4260 or (C) 901-874-4260.
who can be
Navy Drug
Captain: U.S. Navy
Director,
Behavioral Health, Federal
Education,
& Partnerships
Division (PERS-60)
& Alcohol,
2
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