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Decision Text

NAVY | BCNR | CY2007 | 00401-07
Original file (00401-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
 Docket No. 401-07
17 Apr 07









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 April 07. 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 352G/255 of 20 Feb 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.







Sincerely,

DEAN PFEI FFER
         Executive Dir ect or
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055-0000


 1780
Ser 352G/255
 20 Feb 07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:
Ref:
 Assistant for BCNR Matters (PERS-31C)
 Subj: COMMENTS AND RECOMMENDATIONS ICO

(a)      CNPC memo 5420 PERS-31C of 15 Feb 07
 (b) Title 38, United States Code, Chapter 30
1. The following is provided in response to reference (a)
         a.       As documented on the DD Form 2366 enclosed with petition, he enrolled in the Montgomery GI Bill (MGIB) Program on 16 October 2006.       signed the DD Form 2366 acknowledging he enlisted for the Loan Repayment Program and that he understood he would not be eligible to use MGIB benefits until his second enlistment.
b. Recommend denial of request to disenroll from the MGIB Program. Per reference b , the decision to enroll is irrevocable.

2.       PERS-352G’s point of contact
 who can be
 reached











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