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Decision Text

NAVY | BCNR | CY2001 | 05531-00
Original file (05531-00.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION

 

OFNAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JLP:ecb
Docket No: 
17 July 2001

5531-00

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 23 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
NN EL  COMMAN

NAVY 

PERSO

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

D

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION  

NAVAL RECORDS

Via:

Subj:

Ref:

Assistant for BCNR

  Matters 

(PERS-OOZCBJ

co

(a) CNPC memo 5420 PERS-OOZCB of 15 May 01
(b) Title 38,
(c) Title 38,

United States Code, Chapter 34
United States Code, Chapter   30

1.

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

1780
PERS-604
23 May 01

OF

a.

Per reference (b),

the educational benefit program

was eligible for was the Vietnam Era GI Bill (VEGIB)
This program was available to members who entered

Program.
active duty from 1 February 1955 through 31 December 1976.
Opportunity to draw education benefits from the VEGIB Program
ended on 31 December 1989.

b.

VEGIB Program members who were on active duty any time

between  19 October  1984 and 1 July   1985 and served continuously
from that date through   30 June 1988,
followed by four years in the Selected Reserves, had their
remaining entitlement converted to Montgomery GI Bill (MGIB)
Program.
member from conversion to the MGIB Program.
provide for exceptions to this service requirement.

Any break in service between these dates disqualifies a
The law does not

or through  30 June 1987

master microfiche record

24 September 1974 and served

mre-entered  Navy on

C .

Mr. 

A review o
indicates he enter
until 29 October 1981.
10 September 1982 and served until 13 May 1988.
Navy on  23 August 1989 and served until 3
transferred to the Fleet Reserve.
service on 13 May 1988, he is not eligibl
MGIB Program.
date; however,
13 May 1988 to 1 July 1988,
Program benefits.

I cannot 
recomm
if the Board ch

Due to

Mr.

He re-entered

96 when he
break in
ion to the
e

ging Mr. -discharg
s discharge date from
would be eligible for MGIB

PERS-604's point of contact is  

2.
reached at   (C) 901-874-4245 or  

(DSN)  882-4245.

MMlm who can be

Behavioral Health,

Director,, Navy Drug  
Alcohol,
Federal Education,  
&
Partnerships Division
(PERS-60)

&



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