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NAVY | BCNR | CY2007 | 03604-07
Original file (03604-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
                                                                                                   Docket No.3604-07
                                                                                                   26 Jun 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 26 June 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 of 5 Jun 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. You should contact the Department of Veteran’s Affairs (VA) to obtain a refund of the erroneous $1,200 contribution. 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,


        
                           W. DEAN PFEIFFER
                                                                                  Executive Director


Enclosure
          DEPARTMENT OF THE NAVY
         NAVY PERSONNEL COMMAND
         5720 INTEGRITY DRIVE
         MILLINGTON TN 38055-0000


                  1780
          PERS—352G
         5 Jun 07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
         
         Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS         _______
        
        
         Ref:     (a)      CNPC memo 5420 PERS-31C of 4 Jun 07
                  (b)      Title 10, United States Code, Chapter 1606
                  (c)      Title 38, United States Code, Chapter 30
                  (d)      Title 38, United States Code, Chapter 32
1.       The following is provided in response to reference (a):
a states in her petition that she joined the Naval Reserve for 6 years for the benefit of the GI Bill. _____ is referring to the Montgomery GI Bill-Selected Reserve (MGIB-SR) Program. The MGIB—SR Program is governed by reference (b) and is a totally different program than the active duty MGIB Program, governed by reference (c) . Per reference (b), a Selected Reservist my use their MGIB—SR entitlement while in a satisfactory drilling status.
b.       An active duty member’s GI Bill program is determined by their initial entrance onto active duty other than for training. Per reference Cd), the program available to when she initially entered active duty on 4 August 1981, was the vet erans Educational Assistance Program (VEAP). was not a VEAP participant.
c.       Per reference (c), members who initially entered active duty after 30 June 1985 and immediately enrolled in the MGIB Program, are eligible to contribute up to $600 to increase their MGIB Program entitlement by $5,400. NAVADMIN 103/01 referred to this option as the “Booster.” Eligible members may enroll and pay for the Booster only while on active duty.
                  d        Although $1,200 was erroneously collected from on 20 March 2007, she was not enrolled in the MGIB Program The DD Form 2366 which dated 20 March 2006, reflects enrollment in the Booster, not initi a l Th e e nrollment in the MGIB Program         Since initial entry onto active duty was during VEAP—era, she is not eligible for enrollment in the MGIB Program or the Booster.
For Official Use Only - Privacy Sensitive: Any misuse or unauthorized disclosure may result in both civil and criminal penalties

e. We recommend denial of        request to enroll in the MGIB Program and a refund of her ,200. The fact that served over 2 years on Active Duty for Special Work after 30 June 1985, does not change her GI Bill program eligibility GI Bill program was VEAP, but she did not participate. Reference (d) does not contain a provision allowing ineligible individuals to be enrolled in the MGIB Program due to an erroneous collection of $1,200.



         Head, GI Bill Programs Section PERS - 352G)

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