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NAVY | BCNR | CY2013 | NR3245 13
Original file (NR3245 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

JET
Docket No. NR3245-13

24 Mar 14

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: 24 March 2014. 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 CNPC Memo 1780 PERS-314 of 19 Jun
13 and CNPC Memo 1780 PERS-314 of 31 Oct 13, a copies of which
are attached, and were previously provided. The Board also
considered your response dated 1 October 2013 to the advisory
opinion dated 19 June 2013.

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 making this determination, the Board
substantially concurred with the comments contained in the
advisory opinions. The Board took into consideration that once
you completed and signed the Montgomery GI Bill Act of 1984
(MGIB) form on 2 May 2006 to sign up for the “buy-up” program,
you neglected to ensure that the required payments were taken
out as it was your responsibility to do. Furthermore, you have
provided no proof that you were misinformed that the deduction
would be automatically deducted once you completed the form.”
Bocket No. NR3245-13

Under these circumstances, the Board found that no relief is
warranted. 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 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,
TS AD . (An

ROBERT D. ZSALMAN
Acting Executive Director.

Enclosure: 1. CNPC Memo 1780 PERS-314 of 19 Jun 13
2. CNPC Memo 1780 PERS-314 of 31 Oct 13

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