DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MBH
Docket No. 5018-08
25 Aug 08
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 25 August
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 BUPERS memo BUPERS-262G of 5 Aug 08,
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 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,
\Seees ;
Ww. EAN PFEL
Executive Diredto
Enclosure
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1780
BUPERS-262G
5 Aug 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assiistant for BCNR Matters (PERS-31C)
=
Subj: REQUEST FOR COMMENTS AND R
Ref: (a) CNPC memo 5420 PERS-31C of 31 Jul 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 Pay request to enroll in th
Montgomery GI Bill (MGIB) P¥ogram.
a. A review of @pummagymme digital service record
revealed he elected to disenroli from the MGIB Program on
18 November 1988. 4 , . 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. Additionally,
during the timeframe of 1 December 1988 through 30 June 1989,
there was an MGIB Program open enrollment period, which allowed
members who initially entered active duty after 30 June 1985 and
declined enrollment another opportunity to enroll. we,
did not enroll during this second opportunity.
b. It is our opinion that QQMMMIINNEER failed to provide
substantial evidence to support his claim of an error or injustice
as required by reference (c).
2. I can be reached at (DSN) 882-4260 or (C) 901-874-4260.
A. T. SCHMITT
Head, GI Bill Programs Section
(BUPERS-262G)
&
For Official Use Only - Privacy Sensitive: Any misuse or unauthorized
disclosure may result in both civil and criminal penalties
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