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NAVY | BCNR | CY2001 | 07599-01
Original file (07599-01.pdf) Auto-classification: Denied
D E P A R T M E N T  OF T H E   N A V Y  

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

2  N A V Y   A N N E X  

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

JLP:ddj 
Docket  No:  7599-01 
26  March  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  26  March  2002.  Your  allegations of  error  and  injustice were 
reviewed  in accordance with  ad~ninistrative regulations and  procedures  applicable to the 
proceedings of  this  Board.  Documentary  material  considered by  the  Board  consisted of  your 
application,  together  with  all  material  subniitted  in  support thereof,  your  naval  record  and 
applicable statutes, regulations and  policies.  In  addition,  the  Board  considered the advisory 
opinion  furnished  by  NPC  memorandum  1760 Pers 604 of  30  November  2001,  a copy of  which 
is attached. 

After careful and  conscientiot~s 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  ofticial  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 

OEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

1780 
PERS-604 
30 Nov 01 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via: 

Ref: 

Assistant for BCNR Matters  (PERS-OOZCB) 

(a) CNPC memo 5420 PERS-OOZCB of 20 Nov 01 
(b) Title 38, United States Code, Chapter 30 

a.  Recommend denial of - request to enroll in the 

Montgomery GI Bill  (MGIB) Program.  A review of LT 
master microfiche record indicates he disenrolled from the MGIB 
Program on 6 November 1997.  Per reference  (b), the decision to 
disenroll is irrevocable. 

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

b.  J

s

case has been reviewed.  Without a statement 

 

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

provide documentation from the briefing official 

2.  PERS-604's point of contac 
reached at  (DSN) 882-4245 or  ( 

ho can be 

. I .  

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



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