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NAVY | BCNR | CY2001 | 06323-01
Original file (06323-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   OF  N A V A L   R E C O R D S  

2  N A V Y   ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

JLP:ddj 
Docket  No:  6323-01 
26  March  2002 

This  is  in  reference to your  application  for correction of  your  naval  record  pi~rsuant 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  26  March  2002.  Your  allegations of  error and  illjustice 
were  reviewed  in  accordance with  administrative regulations and  procedures applicable to the 
proceedings of  this  Board.  Docu~nentary 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.  In addition,  the  Board  considered  the advisory 
opinion furnished  by  NPC  ~nemorandum 1780 Pers 604 of  17 October 2001, a copy of  which  is 
attached. 

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 O F  THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY  DRIVE 

MILLINGTON TN 38055-0000 

1780 
PERS-604 
17 Oct 01 

MEMORANDUM  FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via: 

Assistant for BCNR Matters  (PERS-OOZCB) 

Ref: 

(a) CNPC memo 5420 PERS-OOZCB of 4 Sep 01 
(b) Title 38, United States Code, Chapter 30 

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

a.  Recommend denial of 

request to 

tgomery GI Bill  (MGIB) Program.  A  review of 
aster microfiche record indicates he disenrolled 

from the MGIB Program on 2 July 1986.  Per reference  (b), the 
decision to disenroll is irrevocable. 

b

.

w

c

a

s

e

 has been reviewed.  Without a 

statement from the briefing official, miscounseling cannot be 
documented.  If 
briefing official where the alleged miscounseling occurred 
stating he provided incorrect information during his brief, a 
more  favorable recommendation could be given. 

can provide documentation from the 

2.  PERS-604's point of contact is PNC -who 
at  (DSN) 882-4259 or  (C) 

can be reached 

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



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