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NAVY | BCNR | CY2006 | 00764-06
Original file (00764-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



SRB
Docket No. 764-06
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 27 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 PFIEEFER
                                                                        Executive Director
                                                                       

Enclosure












DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055.0000


1780
PERS- 675
27 Feb 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

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

Subj:    REQUEST FOR COMMENTS AND RECOMMEDATIONS ICO

Ref:     (a)      CNPC memo 5420 PERS-31c of 23 Feb 06
         (b)      Title 38, United States Code, Chapter 30

1. The following is pro ed in response to reference (a) Recommend denial of request to enroll in the Montgomery GI Bill (MGIB) Program. Since provide substantial evidence to support his claim of misinformation there is insufficient reason to recommend approval of his request. A review of digital record indicates he disenrolled from the Program on 8 June 2004. Per reference (b), the decision to disenroll is irrevocable.

2.       PERS-675G’s point of contact is Mr. Xxxx, who can be reached at (DSN) 882-4258 or (C)




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

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