DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 71001
ARLINGTON, VA 22204-2490
JET
Docket No. NR6423-14
2 Mar 15
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 2 March 2015. 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 CNPC memo 1780 PERS-314 of 25
November 2014, 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 making this determination, the Board
concurred with the comments contained in the advisory opinion.
The Board noted that once you completed and signed the
Montgomery GI Bill Act of 1984 (MGIB) form on 2 May 2006
agreeing to sign up.for the “Buy-Up” program, it was your
responsibility to either set'up an allotment or pay via a lump
sum cash payment; and you failed to properly execute the
necessary procedures to ensure that the required payments were
made as it was your responsibility to do so before you were
released from active duty.
Under these circumstances, the Board found that no relief is
warranted. Accordingly, your application has been denied. The
Docket No. NR6423-14
names and votes of the members of the panel will be furnished
upon request.
It is regrettable 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
evidence within one year from the date of the Board's decision.
New evidence is evidence’ not previously considered by the Board
prior to making its decision in this case. 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
OBERT J. O’NETLL
Executive Director
Enclosure: CNPC memo 1780 PERS-314 of 25 Nov 14
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