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NAVY | BCNR | CY2001 | 02600-01
Original file (02600-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JLP: ddj
Docket No: 2600-01
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.
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 30 May 2001, a copy of which
is attached.

In addition, the Board considered the advisory

Your allegations of error and injustice

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.
when applying for  
demonstrate the existence of probable material error or injustice.

a’correction of an official naval record, the burden is on the applicant to

Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

r

DEPARTMENT OF

  THE NAV

NAVY PERSONNEL COMMAND
MILLINGTON TN  

5720 INTEGRITY DRIVE

38055-0000

Y

178 0
PERS-604
30  Mar 0 1

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 27 Mar   01
(b) Title   38, United States Code, Chapter   30

the;

NCCW

s request to enroll in  
gram.

A review of  

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

1.
Recommend denial of
Montgomery GI Bill
master microfiche record indicates she disenrolled from the MGIB
Program on 25 September 1985.
disenroll is irrevocable.
many persons who entered service after 30 June 1985 were not
adequately advised of,
the significance of an election to decline educational assistance
under the MGIB Program.
which allowed an "open period",
previously  made elections to decline benefits could
elections from 1   December 1988 to   30 June 1989.
use this opportunity to change her election and therefore is not
eligible for enrollment in the MGIB Program at this time.

Per reference (b), the decision to
Additionally, in 1988 Congress thought
and consequently did not fully understand,

Consequently, Congress enacted a law

during which members who had

NCC

aw such
did not

2. PERS-604's point of contact is Ms.
901-
reached at   (DSN) 

882-4260  or (C)  

who can be

Deputy Director, Navy Drug  
Alcohol, Behavioral Health,
Federal Education,  
Partnerships Division (PERS-60)

&

&



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