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NAVY | BCNR | CY2006 | 10859-06
Original file (10859-06.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No. 10859-06
14 March 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 March 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 Ser 352/80 dtd 30 Jan 07, 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
Ser 352/80
 30 Jan 07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

Ref:     (a)      CNPC memo 5420 PERS-31C of 22 Jan 07
         (b)      Title 38, United States Code, Chapter 30

 1.       The following is pr ovide d in response to reference (a) - Recommend denial of XXX request to enroll in the Montgomery GI Bill (MGIB) Program. Since provide substantial evidence to support her claim of misinformation, there is insufficient a reas on to recommend approval of her request. A review XXX master digital r ecord indicates she disenrolled from the MGIB Program on 18 September 1986 had a second opportunity to enroll in the MGIB Program during an open enrollment period, which occurred
1 December 1988 - 30 June 1989. Again, XXX did not enroll. Per reference (b), the decision to disenroll is irrevocable.
2. PERS-352G’ S point of contact is Ms. XXXX who can be reached at (DSN) 882-4259 or (C) 901-874-4259.



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

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