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NAVY | BCNR | CY2007 | 10478-07
Original file (10478-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 MEH
 Docket No. 10478-07
22 Jan 08


Dear

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 22 January 2008. 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 9 Jan 08, 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, and your request for a personal appearance before the Board, 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,


                                                                        W. DEAN PFEIFFER        
                                                                        Executive Direc tor
Enclosure




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

                                    1780
                                                                                           PERS—352G
                                                                                          9 Jan 08


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 9 Jan 08
                  (b)      Title 38, United States Code, Chapter 30
                  (c)      SECNAVINST 5420.193
1. The following is provided in response to reference (a)
Recommend denial of request to enroll in the
Montgomery GI Bill (MGIB) Program.
a.       A review of master digital record revealed he elected to disenroll from the MGIB Program on 23 May 2000. election was properly documented on a DD Form 2366. He signed the Statement of Understanding acknowledging he understood he was eligible for enrollment in the MGIB Program, and the Statement of Disenrollment indicating although he was eligible for enrollment, he did not desire to participate and understood he would not be able to enroll at a later date. Per reference (b), the decision to disenroll from the MGIB Program is irrevocable.
         b.       It is our opinion that   failed to provide
 substantial evidence to support his claim of an error or injustice as required by reference (c)
2. PERS-352G~s point of contact is Mr. who can be reached at (DSN) 882—4258 or (C) 901—874—4258.
         

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

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