Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 00033-06
Original file (00033-06.rtf) Auto-classification: Denied

                                                                        DEPARTMENT OF THE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                                   
2 NAVY ANNEX
                                    WASHINGTON DC 20370-5100


SRB
Docket No. 33-06
10 May 06






This is in reference to your application for correction of your naval record pursuant to the provisions of 10 Usc 1552.

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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 675 of 6 February 2006, 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-675
                                                                                                            6 Feb 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:     Assistant for BCNR Matters (PERS-31C)

Subj:    REQUEST FOR C OMMENTS AND RECOMMENDATION

Ref:     (a)      CNPC memo 5420 PERS-31C of 1 Feb 06
         (b)      Title 38, United St tes Code, Chapter 30

1.       The following is provided in response to reference (a) -
Recommend denial of      request to enroll in the Montgomery GI Bill (MGIB) Program. Since a did not provide substantial evidence to support his c aim of misinformation, there is insufficient reason to recommend approval of his request. This does not appear to be a matter of the member not being provided correct information, but a case where at the time of his election, he didn’t fully understand or speak English. A review of master digital record indicates he disenrolled from the MGIB Program on 25 July 1985. Per reference (b), the decision to disenroll is irrevocable -

2.       PERS-675G’s point of contact is ~ can be reached at (DSN) 882-4258 or (C) 901-874-4258.


                                                                       
                                                                        Head, GI Bill Program Section
                                                                        (PERS-675G)


Similar Decisions

  • NAVY | BCNR | CY2006 | 00764-06

    Original file (00764-06.rtf) Auto-classification: Denied

    764-06 10 May 06This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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. Consequently,...

  • NAVY | BCNR | CY2005 | 09043-05

    Original file (09043-05.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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. Per reference (b), the Veterans Educational Assistance Program (VEAP) was available to members who entered the military for the first time between 1 January 1977 and 30 June 1985.

  • NAVY | BCNR | CY2006 | 03820-06

    Original file (03820-06.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 October 2006. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2006 | 00515-06

    Original file (00515-06.rtf) Auto-classification: Denied

    After carefu and conscientious consideration of the entire record, the Board fo nd that the evidence submitted was insufficient to establish th existence of probable material error or injustice. MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Per reference (b), the decision to disenroll is irrevocable.

  • NAVY | BCNR | CY2006 | 00383-06

    Original file (00383-06.rtf) 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. Per reference (b), an individual who was a Veterans Educational Assistance Program (VEAP) participant on or before 9 October 1996 and served continuously from that date through at least 1 April 2000 was allowed an opportunity to convert from VEAP to the Montgomery GI Bill (MGIB) Program. We had other cases of...

  • NAVY | BCNR | CY2006 | 00759-06

    Original file (00759-06.rtf) 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.SincerelyW. He had from the time he completed the DD Form 2057 until Congress closed VEAP to new enrollments for the last time on 31 March 1987 to start an allotment and become a participant. Although we believe all who have served on active duty deserve quality education benefits, allowing those who didn’t participate...

  • NAVY | BCNR | CY2006 | 04694-06

    Original file (04694-06.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. Per reference (d), an individual who was a VEAP participant on or before 9 October 1996 and served continuously from that date through at least 1 April 2000 was allowed an opportunity to convert from VEAP to the MGIB Program. For veterans and members like de Wh entered during VEAP era and were not eligible for MGIB...

  • NAVY | BCNR | CY2006 | 00644-06

    Original file (00644-06.rtf) 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.Sincerely,W. For veterans and members like who entered during VEAP era and were not eligible for MGIB Program enrollment, we would not expect to find a CI Bill program document in their service record. If the member didn’t elect to enroll in VEAP initially, they had a second opportunity during the VEAP open enrollment...

  • NAVY | BCNR | CY2006 | 06715-06

    Original file (06715-06.rtf) Auto-classification: Denied

    6715-06 4 Oct 06This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 October 2006. 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. Reference (b)...

  • NAVY | BCNR | CY2007 | 10478-07

    Original file (10478-07.rtf) Auto-classification: Denied

    10478-07 22 Jan 08Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2008. In addition, the Board considered the advisory opinion furnished by NPC memo 1780 PERS-352G of 9 Jan 08, a copy of which is attached.After careful and conscientious consideration of the entire record, a...