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NAVY | BCNR | CY2008 | 06490-08
Original file (06490-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 6490-08
18 Aug 08

 

Dear ‘Ts

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 18 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 1780 BUPERS~-262G of 4
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.

Sincere

\p Quan

W. DEAN PF
Executive D\rneXtlor

Enclosure
DEPARTMENT OF THE NAVY

BUREAU OF NAVAL PERSONNEL

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

 

1780
BUPERS—262G
4 Aug 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 tees |
Ref: (a) CNPC memo 5420 PERS~31C of 25 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 SQRMMMMMP request to enroll in the
Montgomery GI Bill (MGIB) Program.

a. A review of heen digital service record revealed

he elected to disenroll from the MGIB Program on 25 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 Disenrolliment 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 

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