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NAVY | BCNR | CY2006 | 08806-06
Original file (08806-06.rtf) Auto-classification: Denied
                  DEPARTMENT OFTHE NAVY
          -        BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100



 DJC
 Docket No. 8806-06
14 February 2007









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 13 February 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 Pers-352G dtd 14 Dec 06, 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 PFIEFFER
Executive Dire ctor

Enclosure





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




 PERS-352G
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
         
         Subj:    REQUEST F OR       COMMENTS AND RECOMMENDATIONS ICO
         
         Ref:     (a)      CNPC memo 5420 PERS-31C of 13 Dec 06
                  (b)      Title 38, United States 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 did not provide substantial evidence to support his claim of misinformation, there is insufficient reason to recommend approval of his request. A review of master digital record indicates he disenrolled from the MGIB Program on 1 October 1987. Per reference (b), the decision to disenroll is irrevocable. Also, had a second opportunity to enroll in the MGIB Program during the open enrollment period from 1 December 1988 through 30 June 1989, but he did not.
2.       PERS-352G’s point of contact is ET1(SS) reached at (DSN) 882-4262 or (C)



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
















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