DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 7492-08
8 Sep 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 8
September 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 19 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.
Enclosure
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1780
BUPERS-262G
19 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 1CO*¥Sji_gmgummmmpmmass,
Ref: (a) CNPC memo 5420 PERS-31C of 19 Aug 08
(ob) Title 38, United States Code, Chapter 30
1. The following is provided in response to reference (a):
he entered the Navy on 13 February 2001 with a four-year term of
enlistment. QaRegRENINE clected to enroll in the Montgomery GI
Bill (MGIB) Program on 16 February 2001 and paid the required $1,200.
On 27 August 2003 after serving 2 years, 6 months, and 15 days, he was
discharged from the Navy due to "Alcohol Abuse Rehabilitation
Failure." / Character of Service was "General Under
Honorable Conditions."
b. Per reference (b), the law governing the MGIB Program, a
member must receive an “Honorable” discharge for service to establish
entitlement to MGIB benefits. “General Under Honorable Conditions” is
not considered “Honorable” service. Since the law does not allow
waiver of any requirement, we recommend denial. Additionally,
reference (b) requires 36 months of active duty to receive MGIB
Program benefits. Even if character of service was
upgraded to "Honorable," he wouldn't be eligible for MGIB Program
benefits because he only served 30 months of active duty.
2. BUPERS-262G's point of contact is Ms. Barbara Miller who can be
reached at (DSN) 882-4259 or (C) 901-874-4259.
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
NAVY | BCNR | CY2008 | 06490-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 2008. 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.
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH Docket No. 8083-08 29 Sep 08 Dear
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