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Decision Text

NAVY | BCNR | CY2001 | 07002-01
Original file (07002-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

JLP:ddj
Docket No: 7002-01
8 January 2002

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 8 January 2002.
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 25 October 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
COMMAND

PERSONNEL 

NAVY 

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

178 0
PERS-604
Ott 01
25 

Via:

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

(a) CNPC memo 5420 PERS-OOZCB of 16 
(b) Title 38,

United States Code, Chapter  30

Ott 01

1.

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

a.

Recommend denial of
Montgomery GI Bill (MGIB)  
master microfiche record indicates she disenrolled from the MGIB
Per reference (b), the decision to
Program on 7 January 1987.
disenroll is irrevocable.

I request to enroll in the
review of ENS

P

b.

S ’ record contains another DD Form 2366 dated

9 March 1995 for enrollment during the "open period."
no open period enrollment in 1995.
enrollment was 1 December 1988 through 30 June 1989.
this was an administrative error or an intentional violation of
reference (b),
a refund of the $1,200 she paid for erroneous MGIB Program
enrollment.
benefits for an invalid MGIB Program enrollment, even if the
member has paid the $1,200 enrollment fee.

The Department of Veterans Affairs  

this form is invalid and ENS 

The legal open period

wilLnot  pay

Whether

#  should receive

There was

.

2.
reached at  

PERS-604's point of contact is Mrs.

(DSN)  882-4275 or

(C)

901-87

ho can be

Navy Drug 

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

& Alcohol,



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