D E P A R T M E N T O F T H E NAVY
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 D C 2 0 3 7 0 - 5 1 0 0
J LP: yr.1
Docket No: 1043-02
18 June 2002
This is in reference to your application isor correction of your nav;d record pursuant to tlie
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Hoard for Correction of Naval Records, sitting in executive
session, considered your application on 18 June 2002. Your allegations of error and i~ljustice
were reviewed i n accordance with administrative regulations antl ~)rocetlures applicable to the
proceetli ngs of this Board. Documentary ~iiaterial considered by t lie Board consisted of your
application, together with all material submitted in support thereof', your naval record and
applicable statutes, regulations antl policies. I n atlclition, tlie Board consitleretl tlie advisory
opinion fi~rnislied by N I T me~iiorand~~ii 1780 PERS-601 of 29 March 2002, a copy of which is
attacl~ed.
After careful and conscientious consitleration of tlie entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
irijustice. I n this connection, the Board substantially concurred with tlie comments contained in
tlie advisory opinion. Accordingly, your application has been cienietl. The names and votes of
the ~iiembers of tlie 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 si~b~nission of new and material
evidence or other tilatter not previously consiclered by the Board. In this regard, i t is important
to keep in mind that a presuniption 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
den~onstrate the existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON T N 38055-0000
1780
PERS-604
29 Mar 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via :
Assistant for BCNR Matters (PERS-OOZCB)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
(a) CNPC memo 5420 PERS-OOZCB of 26 Mar 02
(b) Title 38, United States Code, Chapter 30
The following is provided in response to reference (a):
a. Recommend denial o
request to enroll in
the Montgomery GI Bill (MGIB) Program. A review of-
master microfiche record indicates he disenrolled from the MGIB
Program on 11 June 1990. Per reference (b), the decision to
disenroll is irrevocable.
ase has been reviewed. Without a
statement from the briefing official, miscounseling cannot be
documented. If 7 can provide documentat ion from the
briefing official w ere the alleged miscounseling occurred
stating he provided incorrect information during his brief, a
more favorable recommendation could be gjven.
2. PERS-604's point of contact i
reached at (DSN) 882-4245 or (C)
who can be
Branch (PERS-604)
ucation Programs
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