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NAVY | BCNR | CY2002 | 10927-02
Original file (10927-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                                     WASHINGTON DC 20370-5100
                                                                                                    JLP:ddj
                                                                                                   Docket No: 10927-02
                                                                                                   18 March 2003



Dear


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 18 March 2003. 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 applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC memorandum 1780 Pers 604 of 18 February 2003, 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. 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 official 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



         DEPARTMENT OF THE NAVY
         NAVY PERSONNEL COMMAND
          5720 INTEGRITY DRIVE
          MILLINGTON TN 38055-0000
                                              1780
                                                                                                    PERS-604
                                                                                                   18 Feb 03

 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-OOZCB)
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
         
         Ref:     (a)      CNPC memo 5420 PERS-OOZCB of 7 Feb 03
                  (b)      Title 38, United States Code, Chapter 30
                  (c)      CNO WASHINGTON DC 302000Z Nov 88 (NAVOP 124/88)
         
1. The following is provided in response to reference (a):
a.       Recommend denial of XXX request to enroll in the Montgomery GI Bill (MGIB) Program. A review of XXX master microfiche record indicates he disenrolled from the MGIB Program on 7 June 1986. Per reference (b), the decision to disenroll is irrevocable.
b.       XXXX had a second chance to enroll during the open period of 1 December 1988 to 30 June 1989. He did not get off active duty until 26 December 1988. Per reference (c), notification of the open period was given the widest dissemination, and there was no grace period given for those who failed to enroll.
c.       XXXX states in his petition that when he came back on active duty is recruiter failed to inform him the MGIB Pro ram was being offered to “all” active duty personnel. XXXX would have been ineligible for enrollment upon reentering due to his decision to disenroll during his initial entry to active duty.
         

2.                PERS-604’s point of contact is PNC XXXX who can be reached at (DSN) 882-4259 or (C).



         Head, Retired Activities and
 GI BY Programs Branch
(PERS-604)

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