DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 10728-07
14.Jul 08
Dearie:
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 14 July
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 opinions furnished by CNRC memo 1133 Ser N5312/09046 of
30 Apr 08, and BUPERS memo 1780 BUPERS-262G of 16 Jun 08, copies of
which are 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, and
your request for a personal hearing 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. [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, 4
\s
W. DEAN PFEI
Executive Di t
Enclosure
DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND
5722 INTEGRITY DR. IN REPLY REFER TO:
MILLINGTON, TENNESSEE 38054-5057
1133
Ser N5312/09046
30 Apr 08
DIRECTOR, BOARD FOR CORRECTION OF NAVAL
ct
MEMORANDUM FOR EXECUTIVI
RECORDS
Subj: ADVISORY OPINION ICO | —p/[(/IiiCO (i emepepmeeemeren,
1. Petitioner has applied to the Board for Correction of Naval
Records due to what he sees as an error in the calculation of
his benefit from Navy College Fund (NCF). This memorandum
provides a recommendation for the Board regarding the
petitioner's application.
2. It is our opinion that in this case the petitioner has a
misunderstanding as to how the NCF benefit is calculated.
According to our records and the Personalized Recruiting for
Immediate and Delayed Enlistment (PRIDE) program, the petitioner
entered the wavy in January 1999 with an NCF of $30,000. There
igs no record to substantiate the petitioners claim that he
entered the Navy with an NCF of $45,000. In fact, an NCF of
$45,000 has never been offered by the United States Navy. The
NCF “kicker” amount is based on the difference between the
Montgomery GI Bill (MGIB) benefit at the time of shipping to
boot camp and the total NCF offered ($30k). The kicker amount
that the petitioner is eligible for is $10,992 based on the MGIB
benefit of $19,008 in January 1999. This policy was confirmed
with GI Bill Program Section Head (PERS 352G) and therefore, the
correct NCF kicker amount has been applied to the petitioner’s
case. It is regrettable that the petitioner did not more
clearly understand the NCF program upon entry into the United
States Navy. However, a change to the Naval Record of the
petitioner in this case is neither supported nor warranted.
Accordingly, we recommend that the Board grant unfavorable
consideration of the petitioner's request.
3. Point of contact is LTUG Patrick Dickerson, (901) 874-7439,
email patrick.dickerson@navy.mil. Our mailing address is
Commander, Navy Recruiting Command (N5312), 5722 Integrity Drive
(BLDG 784), Millington, TN 38054.
~.
B. M. PINE
CDR USN
By direction
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