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NAVY | BCNR | CY2006 | 07086-06
Original file (07086-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SRB
Docket No. 7086-06
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
 Assistant for BCNR Matters (PERS-3lC)
Via:
Subj:
Ref: (a) CNPC memo 40 PERS-31C of 13 Sep 06
          (b)      Title 38, United States Code, Chapter 30
1. The following is provided in response to reference (a)
a. Review of the4IJUflH~         digital service record revealed she enrolled in the Montgomery GI Bill (MGIB) Program on 26 August 2003. Being guaranteed the Loan Repayment Program (LRP) does not disqualify a member from enrollment in the MGIB Program; however, the initial period of service cannot be used to satisfy the active duty requirements of both the LRP arid the MGIB Program. Public Law 106-419 repealed the requirement for MGIB benefits to be established during the initial period of ac 1 tive duty. Since 1 November 2000, members who are guaranteed LRP, may serve another period of active duty to retain eligibility to their MGIB Program benefits.
b.       Recommend denial to disenroll from the MGIB Program. Per reference (b) , the decision to enroll is irrevocable and the member may establish eligibility to MGIB Program benefits by serving an additional period of service. who can 2. PERS-352G’s point of contact be reached at

         -
                                                                Head, GI B ill
                                                               Programs Section (PERS-352G)




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