Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 05924-01
Original file (05924-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

S

JLP/jlp
Docket No. 5924-01
10 June 2002

From:

Chairman, Board for Correction of Naval Records

To:

Subj:

Ref:

Encl:

Secretary of the Navy

Review of naval

recor

(a)

(I)
(2)
(3)
(4)

Title 10 U.S.C. 1552

DD Form 149 w/attachments
MGIB Election Form
NPC Memo 1780  
Subject's microfiche record

Pers-604 dated 25 September 2001

Pursuant to the provisions of reference (a), Subject,

1.
hereinafter referred to as Petitioner,
enclosure 
applicable naval record be corrected to show entitlement to the
$30,000 Navy College Fund Program (NCF) in conjunction with the
Montgomery GI Bill (MGIB)Program.

(l), with this Board requesting, in effect, the

filed written application,

The Board, consisting of Mr.  

2.
Suiter reviewed Petitioner's allegations of error and injustice
on 23 April 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.

Documentary material considered by

McPartlin,  Ms. Nofsiger, and Ms.

The Board, having reviewed all the facts of record pertaining

3.
to Petitioner's allegations of error and injustice, finds as
follows:

a.

Prior to filing enclosure (1) with this Board, Petitioner
exhausted all administrative remedies afforded under existing law
and regulations within the Department of the Navy.

b.

Petitioner states that at the time of his enlistment in

1994 he was offered the NCF and that he was directed, at the
Recruit Training Command,
MGIB Election Form.

to write in. 

“NCF” in block (4) on his

The heading in block (4) of the MGIB Election Form states
ltSERVICE UNIQUE EDUCATIONAL ASSISTANCE OPTIONS" and the form was
signed by Petitioner and a witnessing official on 2 March 1994.
The MGIB Election Form is attached at enclosure (2). Petitioner
is now planning to attend medical school and has been informed
that the MGIB Election Form is not the official document that
guarantees the NCF Program and therefore he is not entitled to
the additional educational benefits.

C .

In correspondence attached as enclosure  

(3), the office

PERS-604  further states that the

cognisance over the subject matter involved in

having 
Petitioner's application recommended denial, commenting that the
enlistment contract is the only official document used to
identify enlistment guarantees.
MGIB Election Form is used to document a recruit's intention to
enroll or disenroll in the MGIB Program, not to identify
enlistment guarantees.
Election Form only insures that recruits who were guaranteed the
NCF Program on their enlistment contract enroll in the MGIB
Program (in order to be eligible for the NCF Program a recruit
must enroll in the MGIB Program).
NCF Program is funded solely by the Navy and should be only
offered at the discretion of the classifier,
not the field
recruiter.

Annotation of the NCF Program on the MGIB

Pers-604  also states that the

CONCLUSION:

Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure
Board finds the existence of an injustice warranting the
requested relief.
inconceivable a recruit would have the knowledge that the NCF
Program had to be documented on the enlistment contract vice the
MGIB Election Form to establish entitlement in order for it to be
valid.

In this connection, the Board found it

(3), the

 

Pers-604 recommending denial of Petitioner's request cannot

Further, the Board is of the opinion that all the reasons given
by 
overcome the fact that it is obvious that Petitioner was
lead to
believe, either intentionally of unintentionally, by an enlisting
official, that he was entitled to the NCF Program.

 

Accordingly, the Board recommends the following corrective
action.

RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that Option (2) on Annex
dated 9 February 1994 reflects the  

"A" of his enlistment contract

"Navy College Fund".

It is certified that a quorum was present at the Board's

4 .
and that the foregoing is a true and
review and deliberations,
complete record of the Boards proceedings in the above-entitled
matter.

ROBERT D. ZSALMAN
Recorder

9AQJ--~

G. L. ADAMS
Acting Recorder

The foregoing action of the Board

5.
review and action.

is submitted for your

Reviewed 

and 

approved:  

“‘.’ 

I’ 

L 

:ii.

Assistant General Counsel
(Manpower and Reserve Affairs)



Similar Decisions

  • NAVY | BCNR | CY2001 | 05093-01

    Original file (05093-01.pdf) Auto-classification: Denied

    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 In this regard, it is important iil_justice. offered only at the discretion of the classifier, not the field If NCF Program funding and quotas are exhausted at recruiter. he is not entitled to receive NCF Program e annex to his DD Form 4 a Since the documents c initiale evident A review of 2. elected to enroll in Montgomery GI...

  • NAVY | BCNR | CY2001 | 03055-01

    Original file (03055-01.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JLP: ddj Docket No: 31 July 2001 3055-01 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. Recommend the Board deny EM3 m$request to add Navy College Fund (NCF) Program guarantee to his master as well as the Enlistment Bonus (EB) NCF Program, record. is an enlistment incentive program...

  • NAVY | BCNR | CY2001 | 02011-01

    Original file (02011-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2001. 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. HN Sartor's annex to his DD Form 4 indicates he was guaranteed "Hospital Corpsman (Five Year Obligation) Program," but not NCF Program.

  • NAVY | BCNR | CY2001 | 07343-00

    Original file (07343-00.pdf) Auto-classification: Denied

    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. (DD Form 1966) informing him what enlistment guarantees he would receive and again, He also reviewed and initialed his Enlistment Contract ,made to him other than those listed on this NCF Program was not listed. lected to enroll in the MGIB Program on is entitled to receive 36 months of benefits.

  • NAVY | BCNR | CY2001 | 02211-01

    Original file (02211-01.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by NPC memorandum 1780 PERS-604 of 30 May 2001, a copy of which is attached. Recommend the Board deny s request to add Navy an enlistment option to NCF Program is a guarantee offered only at College Fund (NCF) Program guarantee as his master record. he is not entitled to receive NCF .

  • NAVY | BCNR | CY2001 | 02527-01

    Original file (02527-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2001. In addition, the Board considered the advisory 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...

  • NAVY | BCNR | CY1999 | 03190-99

    Original file (03190-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 1999. 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. The program-may have been referring to is the Navy College Fund (NCF) Program.

  • NAVY | BCNR | CY2001 | 00982-01

    Original file (00982-01.pdf) Auto-classification: Denied

    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. master microfiche record indicates she elected Per reference A review b. Additional1 College Fund (NCF) explained to ETSN not enroll in the MGIB Program was correct. the member must be enrolled in the MGIB Program.

  • NAVY | BCNR | CY2001 | 05352-01

    Original file (05352-01.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: 10 October 200 1 5352-01 This is in reference to your application for correction of your naval record pursuant to the provisions of title Ilnitecl States Code, section 10 of the 1552. The Enlistment Document (DD Form 4) is the official document used to identify those servicemembers who receive the NCF Program as part of their enlistment guarantee. he was never eligible...

  • NAVY | BCNR | CY1999 | Document scanned on Wed Sep 20 10_49_23 CDT 2000

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 1999. 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. not all applicants are offered the NCF Program.