DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP:ddj
Docket No: 5347-02
4 September 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 4 September 2002. Your allegations of error and
injustice 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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by NPC memorandum 1780 Pers 604 of 1 August 2002, 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.
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 PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
NALu’
1780
PERS-604
1 Aug 02
MEMORANDUM FOR EXECUTIVE DIRECTOR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
Via:
Subj:
Ref:
Assistant for BCNR Matters
( PERS -OOZCB )
(a) CNPC memo 5420 PERS-OOZCB of 1 Jul 02
(b) Title 38,
United States Code, Chapter 30
1.
The following is provided in response to reference (a):
a.
Per reference (b) the decision to
enroll/disenroll in the
MGIB Program is irrevocable.
the U. S. Marine Corps on 8 Jun 89.
Program is correctly recorded at the Defense Manpower Data Center
(DMDC), showing he declined MGIB enrollment on
12 Jun 89. He
admits he declined MGIB upon entry in the Marines and the $1,200
was never reduced from his pay.
entered active duty in
His eligibility for the MGIB
b.
The form letter issued by NRD Sa
form letter given to all new recruits.
service recruit and was not eligible for a second chance
opportunity to enroll in the MGIB Program.
This office will
notify NRD San Diego that prior service recruits should not be
given these form letters.
s a standard
was a prior
This office cannot recommend approval of this request based
Personnel entries to prevent the
2.
on receipt of a form letter.
automatic deduction of $1,200 were correctly
entry onto active duty with Navy.
submitLed
upon his
PERS-604's point of contact is M S
3.
reached at (DSN) 882-4260 or (C) 901-874-4260.
who
can be
Head,
Branch (PERS-604)
Faeral Education Programs
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. In addition, the Board considered the advisory opinion furnished by NPC memorandu~n 1780 Pers 604 of l l January 2002, a copy of which is attached. c. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).
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