DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 2225-09
6 Jul 09
Dear aes
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 July
2009. 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 CNRC memo 1133 Ser N5312/09051 of 28
May 09, 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,
\>!
W. DEAN PFEIFFER
Executive Dir
Enclosure
DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND
5722 INTEGRITY DR.
MILLINGTON, TENNESSEE 38054-5057
IN REPLY REFER TO:
1133
Ser N5312/09051
28 May 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj: ADVISORY OPINION Ico ageiiegiiiag
1. Petitioner has applied to the Board for Correction of Naval
Records (BCNR) seeking to have member’s Navy record changed to
include the Navy College Fund (NCF). This memorandum provides a
recommendation for the Board regarding the petitioner’s
application.
2. Following review of best available documentation, it is our
opinion that the records in this case do not sufficiently
corroborate the petitioner’s claim. The Annex to DD Form 4
shows no enlistment guarantee for NCF. Petitioner provides
DD Form 2366 (Montgomery GI Bill Act of 1984) where the
petitioner lists NCF as a service unique education assistance
option. However, DD Form 2366 is not the official form for NCF
and is signed and dated (19 September 1997) after the petitioner
enlisted (9 July 1997). NCF is an enlistment incentive and not
an enlistment guarantee. Accordingly, we recommend that the
Board deny the petitioner’s request.
3. Point of contact is LT Brian Bungay, (901)874-9362, email,
-brian.bungay@navy.mil. Our mailing address is Navy Recruiting
Command (N531), 5722 Integrity Drive (BLDG 784), Millington, TN
38054,
KB OLE
L. B. CALLIS
by direction
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