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Decision Text

NAVY | BCNR | CY2001 | 03022-01
Original file (03022-01.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: 3022-01
13 August 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 13 August 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 26 June 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.
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 NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 380550000

1780
PERS-604
26 Jun 01

MEMORANDUM FOR EXECUTIVE DIRECTOR,

NAVAL RECORDS

BOARD FOR CORRECTION OF

Via:

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

(a) CNPC memo 5420 PERS-OOZCB of 7 Jun 01
(b) Title   38, United States Code, Chapter   30

The following
1.
Recommend denial o
Montgomery GI Bill
master microfiche

ponse to reference (a).
equest to
(MGIB) Program. A review of
record indicates he disenroll

'ally on 10 April 1986.

On 28 December 1988,

signed a Page 13 entry stating he understood he was

eligible to enroll in the MGIB Program during the open period,
but chose not to enroll.
miscounseling,
is irrevocable.

There is no evidence to support

and per reference (b),

the decision to disenroll

PERS-604's point of contact is MM1

2.
reached at (DSN) 882-4245 or (C)

901-

who can be

Commander, U.S. Navy
Navy Drug 
Director,
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)

& Alcohol,

.. 



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