DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 7176-08
6 Oct 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 6 October
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 CMC memo 1560 MRRV of 30 Sep 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. Additionally, the Board found no
evidence that you applied to convert from the Veterans Educational
Assistance Program (VEAP) to the Montgomery GI Bill during either of
the two statutory conversion periods. There is no evidence that you
paid the required MGIB premiums. Records show that you requested a
refund of your VEAP contributions on 30 October 2001. Accordingly,
your application, and your request for a personal appearance before
the Board, have 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.
Docket No. 7176-08
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,
Lo Deak
W. DEAN PFE
Executive Ditéc
Enclosure
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