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NAVY | BCNR | CY2006 | 06120-07
Original file (06120-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00


 MEH
 Docket No. 6120-07
17 Dec 07

Dear




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 17 December 2007. 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 memo 1780 PERS352G of 26 Nov 07, a copy of which is attached.
After careful and conscientious consideration of the entire record, a majority of 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 also 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.

                                            

         W.       DEAN PFEIFFER
         Executive Director

Enc l osure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MIWNGTONTN38O550000


 1780
PERS—352G
26 Nov 07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-3lC)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

Ref:     (a)      CNPC memo 5420 PERS-3lC of 21 Nov 07
         (b)      Title 38, United States Code, Chapter 30
         (C)      SECNAVINST 5420.193
1.       The following is provided in response to reference (a)
 Recommend denial of request to enroll in the Montgomery GI Bill (MGIB)
 Program.
a.       A review of $ifPI1L1UJftIJIL~-master digital record revealed he elected to disenroll from the MGIB Program on 1 April 1996 election was properly documented on a DD Form 2366. He signed the Statement of Understanding acknowledging he understood he was eligible for enrollment in the MGIB Program, and the Statement of Disenro l lment indicating although he was eligible for enrollment, he did not desire to participate and understood he would not be able to enroll at a later date. Per reference (b), the decision to disenroll from the MGIB Program is irrevocable.
b.       It is our opinion that failed to provide substantial evidence to support his claim of an error or injustice as required by reference (c)

2.       PERS-352G~s point of contact is Mr. ____         who can
 be reached at (DSN) 882—4258 or (C) 901—874—4258.
         


Head, GI Bill Programs Section
(PERS—352G)



For Official Use Only - Privacy Sensitive: Any misuse or unauthorized disclosure may result in both civil and criminal penalties

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