DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 2291-10
4 Oct. 10
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 4 October
2010. 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 N5312/44 of 20
May 10, and NPC memo 1780 PERS-314B of 17 Jun 10, copies of which are
attached. Both advisory opinions were previously provided to you ina
letter of 6 July 2010, mailed to the address you provided on your
application, to afford you the opportunity to provide comments or
additional documentation. As of this date we have not received a
response.
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 furnished by PERS-314B.
Accordingly, your request for enrollment in the MGIB has been denied.
It should be noted that if you still desire removal from the Loan
Repayment Program (LRP) you may submit a letter to the Board stating
such. 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.
Docket No. 2291-10
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,
\o Denes
W. DEAN PF R
Executive
Enclosures
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