DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 3647-09
28 Sep 09
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 28
September 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
N5312/09047 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,
eli
Executive Di
Enclosure
DEPARTMENT OF THE NAVY |
NAVY RECRUITING COMMAND
5722 INTEGRITY DR.
IN REPLY REFER TO:
MILLINGTON, TENNESSEE 38054-5057
1133
Ser N5312/09047 .
28 May 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj: ADVISORY OPINION TCO pill
Ref: (a) COMNAVCRUITCOM 191432Z JUN 07
1. Petitioner has applied to the Board for Correction of Naval
Records (BCNR) seeking to have member’s Navy record changed. to
include the Loan Repayment Program (LRP). This memorandum
provides a recommendation for the Board regarding the
petitioner’ S application.
2. Following review of Ref (a) and the Personalized Recruiting
for Immediate and Delayed Enlistment (PRIDE) database, it is our
opinion that the records in this case do not sufficiently
corroborate the petitioner’s claim. IAW Ref (a), combinations
of LRP and Enlistment Bonuses (EB) are strictly prohibited. The
Petitioner may request in a new BCNR to have the EB’s removed
from his record, pay back the EB’s and request eligibility for
LRP. Petitioner should also review eligibility requirements for
the Post 9/11 GI Bill and Montgomery GI Bill at
www.gibill.va.gov. 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
AGE,
L. B. CALLIS
by direction.
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