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NAVY | BCNR | CY2001 | 06019-01
Original file (06019-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

JLP:ddj
Docket No: 6019-01
23 October 2001

This is in reference to your application for correction of your naval record pursuant to the
provisions of title  

llnited States Code, section  

10 of the  

1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 23 October 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 NPC memorandum 1780 Pers 604 of 13 September 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. Consequently,
ofticial naval record, the burden is on the applicant to
when applying for a correction of an  
demonstrate the existence of probable material error or injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
cor~ibmND

#ERSONNEL  

N A VY 

5720 INTEGRITY DRIVE

MILLINGTON TN  

38055-0000

1780
PERS-604
13 Sep 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via :

Assistant  for BCNR Matters (PERS-OOZCB)

Subj:

Ref:

(a) CNPC memo 5420 PERS-OOZCB of 29 Aug 01
(b) Title 38,

United States Code, Chapter 30

1.

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

a.

A review of

's master microfiche record

indicates he entered the Navy on 5 August 1996 with a six-year
term of enlistment.
Bill (MGIB) Program on 6 August 1996 and paid the required
$1,200. ENS  
26 August 1998 for the convenience of the government (COG), to
enter an officer training program.

-was  released from active duty on

He elected to enroll in the Montgomery GI

b.

Reference (b),

the law that governs the MGIB Program,

states servicemembers must serve on active duty at least 30
months for a three-year or longer obligation when released for
COG to be eligible to receive their MGIB Program benefits.
ENS
shortage to allow him to be eligible to receive his MGIB Program
benefits.
requirements,
Board to determine if an injustice exists that warrants relief.

is requesting a waiver of the active duty service

Since the law does not allow for waivers of these

I cannot recommend approval; however, defer to the

PERS-604's point of contact is  

2.
reached at (DSN) 882-4244 or (C) 901-874-4244.

MS2(SW)

who can be

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

& Alcohol,



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