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Decision Text

NAVY | BCNR | CY2006 | 07053-06
Original file (07053-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SRB
 Docket No. 7053-06
 8 Nov 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 7 November 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 PERS352G of 19 September 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—352G
                                                                                           19 Sep 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 Via:     Assistant for BCNR Matters (PERS-3LC2)
Subj:
Ref:     (a) CNPC memo 5420 PERS-3LC2 of 13 Sep 06
(b) Title38, United States Code, Chapter 30

 End:     (1) NAVPERS 1070/613 ICO of 24 May 89
1.       The following is provided in response to reference (a) Recommend denial of request to enroll in the Montgomery GI Bill (MGIB) Program. Since did not provide substantial evidence to support his claim that he received incorrect information, there is insufficient reason to recommend approval of his request. It seems it is only now when members who previously declined MGIB Program enrollment and are nearing retirement or considering further education, are requesting enrollment in the MGIB Program.
a.       A review of master digital record indicates he disenrolled from the MGIB Program on 15 March 1988.
b.       As documented by enclosure (1), again chose not to enroll in the MGIB Program during the open enrollment period of 1 December 1988 through 30 June 1989.
c.       Per reference (b), the decision to disenroll is irrevocable.
2.       PERS-352G’s point of contact is who can be reached
          at (DSN)         ___



He ad 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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